GOVERNMENT OF BALUCHISTAN vs SHABIR AHMAD
This matter arises from a petition for leave to appeal before the Supreme Court of Pakistan, challenging the interpretation of proviso (b) (ii) of Section 4 of the Baluchistan Service Tribunals Act 1974, specifically in the context of conflicting decisions rendered by the same Service Tribunal. The core legal question concerns the proper construction and application of the said statutory proviso regarding the jurisdiction or maintainability of appeals before the Service Tribunal. The Supreme Court granted leave to consider the correctness of the interpretation, directed that the appeal be heard on the existing record with liberty to file additional documents, refused to stay the proceedings before the Tribunal, and vacated the prior interim order that had suspended the operation of the impugned High Court judgment. The Court established that leave is warranted to resolve conflicting interpretations of service tribunal provisions by the tribunal itself, ensuring consistent application of procedural and jurisdictional bars under the service tribunal law.
- Whether leave to appeal should be granted to resolve conflicting decisions of the Service Tribunal regarding the interpretation of Section 4 of the Baluchistan Service Tribunals Act 1974?
- Can proceedings before the Service Tribunal be stayed while an appeal regarding its jurisdictional interpretation is pending before the Supreme Court?
- Under what circumstances should an interim order suspending the operation of a High Court judgment be vacated by the Supreme Court?
- Section 4, Baluchistan Service Tribunals Act 1974
ORDER
1. ABDUL KADIR SHAIKH, J.-- Leave is granted to consider the correctness of the interpretation of the proviso (b) (ii) of Section 4 of the Baluchistan Service Tribunals Act 1974, particularly when there has been a conflict of decisions of the same Tribunal.
2. Appeal will be heard on the same record. It is however open to the parties to file additional documents, if any.
3. On a the facts and circumstances we would not like to stay the proceedings of the appeal before the Tribunal. The request made in this behalf is rejected and the interim order passed by this Court dated 8-5-1986 directing suspension of the operation of the impugned judgment of the High Court is vacated.