Pakistan Case Law
1989 SCMR 288

GHULAM MUHAMMAD vs DIRECTORGENERAL, PAKISTAN RANGERS

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Citation1989 SCMR 288
CourtSupreme Court of Pakistan
Judge(s)Ghulam Mujaddid Mirza, Shafi-ur-Rehman
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

The petitioner, a former Sub-Inspector of the Pakistan Rangers, sought leave to appeal against a judgment of the Federal Service Tribunal, which had dismissed his application for review of an earlier order. The core legal question before the Supreme Court was whether the Federal Service Tribunal possesses the inherent jurisdiction to review its own final decisions on merits in the absence of an express statutory provision granting such power. Upon review, the Supreme Court found that the petitioner’s counsel failed to cite any provision of law or judicial precedent establishing that the Tribunal has the authority to review its final orders on merits. Consequently, the Court upheld the Tribunal's dismissal of the review application, affirming that the Tribunal acted in accordance with the law. The judgment reinforces the principle that tribunals created by statute are creatures of that statute and possess only such powers as are expressly conferred upon them, meaning they lack inherent review jurisdiction unless explicitly provided by the governing legislation.

Questions settled in this judgment
  • Does the Federal Service Tribunal possess the inherent jurisdiction to review its own final decisions on merits?
  • Can a statutory tribunal exercise review powers in the absence of an express statutory grant?
Laws & provisions referred
  • Section 151, Code of Civil Procedure 1908
  • Rule 22, Service Tribunal (Procedure) Rules 1974
Federal Service Tribunalreview jurisdictioninherent powersservice lawfinality of ordersstatutory tribunals

1. ' GHULAM MUJADDID MIRZA, J.--Ghulam Muhammad, ex-Sub-Inspector Rangers has filed this petition for leave to appeal against the judgment of Federal Service Tribunal, Islamabad, dated 31- 8-1982 whereby his application under section 15], C.P.C. Read with rule 22 of the Service Tribunal (Procedure) Rules, 1974 for review of the order of the Tribunal dated 22-3-1982 was dismissed in limine.

2. Learned counsel was unable to cite any provision of law or decision of this Court so as to establish that the Tribunal after having finally decided the case had the jurisdiction to review on merits.

3. The view taken by the Tribunal being in accordance with law, the impugned order is subject to no exception.

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