M.S. SIDDIQUI vs SECRETARY, MILITARY FINANCE, G.H.Q., RAWALPINDI
The petitioner sought leave to appeal under Article 212(3) of the Constitution of Pakistan 1973 against a decision of the Service Tribunal. The core legal questions presented for examination concerned the jurisdiction of the Service Tribunal in light of established Supreme Court precedent, the legal finality and conclusiveness of an earlier Tribunal decision dated 31-8-1976 which the petitioner had not appealed, whether an appeal could be revived on the ground that a government appeal on a non-identical subject had been revived, and whether the admission of the appeal legally amounted to its revival such that the order could not be subsequently undone. The Supreme Court of Pakistan granted leave to appeal to examine these specific jurisdictional and procedural questions.
- Does the Service Tribunal have jurisdiction over a matter where a prior Supreme Court precedent limits or defines such jurisdiction?
- Can a decision of the Service Tribunal attain finality if it is not appealed by the aggrieved party and its conclusiveness is accepted?
- Whether the revival of a service appeal can be obtained on the ground that a government appeal on a non-identical subject stood revived?
- Does the admission of an appeal legally amount to its revival such that the order of admission cannot be subsequently undone?
- Article 212(3), Constitution of Pakistan 1973
ORDER
1. ' SHAFIUR RAHMAN, J.-- Leave to appeal is granted under Article 212(3) of the Constitution to examine inter alia, the questions:--
(i) of the jurisdiction of the Tribunal in the matter in view of the decision of this Court in Federation of Pakistan v. Muhammad Siddiq 1980 SCMR 443;
(ii) of the finality of the decision of the Tribunal dated 31-8-1976 not appealed by the petitioner and having accepted its conclusiveness;
(iii) whether the revival of the appeal could be obtained on the ground that Government appeal not on identical subject stood revived.
(iv) whether the admission of the appeal amounted to its revival and that order could not be undone.
2. ' Leave to .