SHAH JAHAN vs SECRETARY, FINANCE DEPARTMENT, N.W.F.P. and 32 others
This matter arises from a petition for leave to appeal directed against the dismissal of a service appeal by the N.-W.F.P. Service Tribunal on the grounds of limitation and merits. The core legal question concerns whether the petitioner's service appeal before the Tribunal was barred by limitation. The Supreme Court of Pakistan held that the appeal was indeed time-barred and correctly dismissed on that sole ground, rendering any examination of the merits unnecessary. Consequently, the Court refused leave to appeal. The key principle laid down is that when an appeal before a tribunal is established to be time-barred, the tribunal's dismissal on that ground alone is legally sufficient, obviating the need to enter into the merits of the case.
- Whether a service appeal dismissed by a Service Tribunal on the ground of limitation warrants interference when found to be time-barred?
- Is it necessary for an appellate court to examine the merits of a case after determining that the underlying appeal was barred by limitation?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.--A service appeal having been dismissed by N.-W.F.P. Service Tribunal on grounds of limitation as well as on merits; leave to appeal has now been sought on both points.
2. We, having heard the learned counsel for the petitioner on question of limitation at some length, are satisfied that the petitioner's appeal before the Tribunal was time-barred and it merited to be dismissed on this ground alone. There is no need to examine points on merits. Leave to appeal, therefore, is refused.