Syed JAFFAR HUSSAIN vs GOVERNMENT OF PUNJAB
This matter arises from a petition for leave to appeal against the judgment and order of the Punjab Service Tribunal, Lahore, which dismissed the petitioner's service appeal concerning his retirement from police service as an Assistant Sub-Inspector. The core legal question involved the lawfulness of the retirement order passed under Section 12(ii) of the Punjab Civil Servants Act, 1974, upon the recommendation of an Advisory Committee, alongside contentions of being condemned unheard. The Supreme Court held that the petition was barred by time by twenty-one days, with no sufficient cause shown for the condonation of delay, and noted that the petitioner had improperly pursued a writ petition in the High Court instead of diligently prosecuting his remedy before the Service Tribunal. The key principle laid down is that petitions filed with unexplained delay and a lack of diligent prosecution before the appropriate forums are liable to be dismissed as time-barred.
- Whether a petition for leave to appeal before the Supreme Court can be dismissed when it is barred by time without sufficient explanation for the delay?
- Does an order of retirement passed under Section 12(ii) of the Punjab Civil Servants Act, 1974 warrant interference when the aggrieved party fails to prosecute the matter diligently before the appropriate service tribunal?
- Section 12(ii), Punjab Civil Servants Act 1974
ORDER
MIAN BURHANUDDIN KHAN, J.-Leave is sought to appeal against judg--ment and order of the Punjab Service Tribunal, Lahore dated 25-4-1982 passed in Case No. 344/1045 of 1980.
2. Jafar Hussain was in the police service as A, S. 1. When by order of S. P. Faisalabad dated 19-1- 1980 issued under section 12(ii) Punjab Civil Servants Act, 1974 his retirement was ordered. The petitioner challenged this order before the Punjab Service Tribunal but his appeal failed vide the impugned judgment.
3. Learned counsel urged- before us that the petitioner was condemned unheard by the learned Tribunal as his appeal was not fixed for hearing on 25-4-1982 and the impugned order was passed at his back; that the peti--tioner should be removed/retired from service by the 'competent authority i.e. S. P., Faisalabad and not by the Advisory Committee, Rawalpindi which consisted of the Superintendents of Police, Gujrat and Attock under the Chairmanship of D. I.-G., Rawalpindi ; as the petitioner's 'appointing authority' was S. P., Faisalabad who was not a member of the said Advisory Committee ; that the S. P., Faisalabad acted on the recommendation of the Advisory Committee in passing the order dated 19-1-1980 and, did not apply his own mind to decide about the petitioner's retirement, and, therefore, the order dated 19-1-1980 was unlawful.
4. We fail to see any substance in the argument. We find from the record that the petitioner himself filed a writ petition in the Lahore High Court instead of making his remedy before the Punjab Service Tribunal, where respondent gave an undertaking that the petitioner will be paid full salary up to 9-4-1980 and, therefore, the writ petition was disposed off, the High Court with the observation that the matter of retirement should be agitated before the Punjab Service Tribunal, however, the petition before us is barred by time by 21 days and no cause has been shown for the condonation of delay, nor is there any explanation on the record as to why the petitioner filed a writ petition in the High Court when the Service Tribunal was already dealing with the service matters.
Petitioner being a police officer, should have been vigilant enough to file this petition in time. He has failed to prosecute his own case diligently. The petition is dismissed as barred by time.