Pakistan Case Law
1987 SCMR 110

Qazi FAIZUL HAQ vs GOVERNMENT OF N. W.F.P. Through CHIEF SECRETARY, PESHAWAR

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Citation1987 SCMR 110
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No. 284-R of 1985 Appeal No. 8 of 1985
Date1987-11-02
Judge(s)Muhammad Afzal Zullah and Mian Burhanuddin Khan
Authored byMuhammad Afzal Zullah
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from a petition for leave to appeal directed against the judgment of the N.-W.F.P. Service Tribunal, which dismissed the petitioner's service appeal against compulsory retirement on the ground of limitation. The core legal question concerns whether the service appeal was barred by time, specifically regarding the computation of limitation periods following the filing of a departmental review petition and the communication of its rejection order. The Supreme Court held that the Tribunal's finding that the rejection order of the review was duly communicated to the petitioner constituted a conclusive finding of fact based on the record and the petitioner's own admissions before the Tribunal. Consequently, no question of law of public importance arose to warrant interference, and the petition was dismissed. The key principle laid down is that findings of fact by a service tribunal regarding the communication of departmental orders and limitation will not be disturbed by the Supreme Court when supported by the record.

Questions settled in this judgment
  • Whether an appeal filed before the Service Tribunal is time-barred when the departmental review rejection order has been duly communicated?
  • Does a finding of fact by the Service Tribunal regarding the communication of a review order conclude the matter before the Supreme Court?
  • Is leave to appeal granted when no question of law of public importance arises from the Tribunal's dismissal of a time-barred service appeal?
service appealcompulsory retirementlimitationtime-barredreview petitionSupreme Court of Pakistan

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment dated 9-3-1985 of the N.-W.F.P. Service Tribunal; whereby the petitioner's Service Appeal filed against orders of his compulsory retirement, was dismissed as time-barred.

2. Learned counsel has stated that the order of compulsory retirement having been asked on 20th August, 1984, it was communicated to the petitioner on 13-10-1984. He filed a review petition on 17- 10-1984. The result of the review was never communicated to the petitioner. He, therefore, after waiting for 90 days filed appeal before the Tribunal on 17-1-1985 but the same was dismissed on 9- 3-1985 as time-barred; without affording an opportunity to the petitioner to show that the appeal was not time-barred.

3. It is clear from the impugned judgment that the petitioner's counsel was afforded full hearing. It was in his presence that the record was perused and it was found that the petitioner's review was rejected on 15-11-1984 and that the order of rejection was communicated to the petitioner. His plea before this Court that the review order was never communicated to him, in view of the admission made by him in para 7 of his grounds of appeal before the Tribunal is not based on records. The question raised stands concluded by a finding of fact by the learned Tribunal.

4. No question of law of public importance arises, this petition accordingly, is dismissed.

Cited by 2 cases

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