M. SHAFIE vs SECRETARY TO GOVERNEMNT OF PAKISTAN HOUSING AND WORKS_ACCOUNTANT GENERAL
This petition for leave to appeal challenges a judgment of the Federal Service Tribunal which dismissed the petitioner's appeal on the grounds of limitation. The core legal question before the Supreme Court is whether the Federal Service Tribunal erred in its approach by focusing on the limitation period rather than the fundamental competency of the appeal itself. The Supreme Court observes that the impugned order challenged before the Tribunal was passed prior to 1st July 1969, which renders the appeal incompetent due to the specific statutory bar contained in the Service Tribunals Act, 1973. The Court holds that because the appeal was inherently incompetent under the law, the Tribunal should have dismissed it on that basis rather than on limitation grounds, which would have allowed the petitioner to seek alternative relief in a competent court of law. Consequently, the Supreme Court grants leave to appeal to examine this specific plea regarding the competency of the proceedings and directs that the appeal be heard on the existing record, while permitting the parties to file additional documents.
- Does the Federal Service Tribunal have jurisdiction to entertain an appeal against an order passed before 1st July 1969?
- Should a tribunal dismiss an appeal on the grounds of limitation when the appeal is inherently incompetent under the governing statute?
- Does the bar under Section 4(1)(c) of the Service Tribunals Act 1973 preclude an appeal against orders passed prior to 1st July 1969?
- Section 4(1)(c), Service Tribunals Act 1973
ORDER
1. ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the judgment of Federal Service Tribunal, dated 13-2-1986 dismissing an appeal filed by the petitioner on the ground that it was hopelessly barred by time.
2. It has escaped the notice of the Service Tribunal that the impugned order before the Tribunal was passed before 1st July, 1969 and petitioner's appeal was, theref-e, not competent due to the bar of Proviso (c) to subsection (1) of section 4 of the Service Tribunal Act, 1973. Petitioner, therefore, submits that had the Service Tribunal dismissed his appeal on the aforesaid ground, he would have sought relief from a competent Court of law. We grant leave to examine only this plea.
3. Appeal will be heard on the present record within two months. It is, however, open to the parties to file additional documents, if any.