MEHFOOZ ILAHI PIRACHA Versus SME BANK LIMITED, ISLAMABAD
This matter concerns a petition for special leave to appeal against an interim order of the Federal Service Tribunal, which declined to suspend the petitioner's termination from service pending the final disposal of their service appeal. The petitioner, formerly an employee of the Regional Development Finance Corporation, was absorbed into the S.M.E. Bank Limited under Ordinance No. LVI of 2001 before being terminated. The core legal question was whether the Supreme Court should interfere with an interim order of the Tribunal regarding the suspension of a termination order. The Supreme Court held that the petition against the interim order was not maintainable, noting that granting the requested relief would effectively dispose of the main appeal before the Tribunal. Consequently, the Court refused leave to appeal but directed the Federal Service Tribunal to expedite the hearing and decide the petitioner's appeal as early as possible. The judgment reinforces the principle that appellate courts are generally reluctant to interfere with interlocutory orders of tribunals when doing so would pre-empt the final adjudication of the substantive dispute.
- Is a petition for leave to appeal maintainable against an interim order of the Federal Service Tribunal refusing the suspension of a termination order?
- Does the granting of an interim suspension of a termination order by an appellate tribunal amount to the final disposal of the service appeal?
- Article 212(3), Constitution of Islamic Republic of Pakistan 1973
- Ordinance No. LVI of 2001
1. MUHAMMAD NAWAZ ABBASI, J.--- This petition for special leave to appeal under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973, has been preferred against an interim order dated 24-4-2002 passed by the Federal Service Tribunal, Islamabad, whereby the prayer relating to the suspension of the operation of order of termination from service, pending final disposal of the service appeal, was declined.
2. The petitioner being an employee of Regional Development Finance Corporation was absorbed in S.M.E. Bank Limited, respondent No.1 herein, under Ordinance No. LVI of 2001 and while discharging his functions in the said Bank he was terminated on 19-4-2002. The petitioner while challenging the termination order before the Federal Service Tribunal Islamabad, also sought suspension of the termination order as interim relief through a separate application and on dismissal of said application by the Tribunal through the impugned order, has filed this petition.
3. Learned counsel for the petitioner has contended that the petitioner was a permanent employee, therefore, his services could not be dispensed with in a summary manner and that his termination from service was mala fide and violative of the service regulations. Learned counsel for the petitioner when confronted that this petition against an interim order would not be maintainable and that the relief being sought by the petitioner if is allowed, it would amount disposal of appeal before the Tribunal. Learned counsel in the alternate has submitted that the order tinder challenge being patently illegal, Tribunal may be directed for an early disposal of the appeal to save the petitioner from agony. This request in the circumstances of the case, appear to be genuine. We, therefore: dismiss this petition with the direction that Service Tribunal while proceedings expeditiously, should decide the appeal of the petitioner as early as possible. Leave is refused.
4. S.A.K./M-583/S Leave refused.