Pakistan Case Law
1990 SCMR 1450

AHMAD ALI vs INSPECTORGENERAL, PUNJAB POLICE and 2 others

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Citation1990 SCMR 1450
CourtSupreme Court of Pakistan
Case No.Civil Petitions for Leave to Appeal Nos. 31 and 34 of 1988
Date1989-08-01
Judge(s)Shafiur Rahntan and Saad Saood Jan
Authored byShafiur Rahman
ResultLeave refused
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

The petitioners filed two separate petitions under Article 212(3) of the Constitution of Pakistan 1973, seeking leave to appeal against judgments of the Service Tribunal. The Tribunal had dismissed their service appeals as time-barred. The core legal question was whether the time spent pursuing incompetent revision petitions before the Inspector-General of Police could be condoned or excluded when calculating the limitation period for filing an appeal before the Service Tribunal. The Supreme Court held that the Service Tribunal correctly dismissed the appeals. The Court affirmed the Tribunal's finding that since the petitioners had no legal right to file a revision or second appeal to the Inspector-General of Police, the time consumed in those proceedings could not be legally excluded or condoned for the purpose of extending the limitation period prescribed for filing appeals before the Service Tribunal. Consequently, the Court found no legal infirmity in the Tribunal's decision and refused to grant leave to appeal, establishing that pursuing an incompetent remedy does not toll the limitation period for statutory appeals.

Questions settled in this judgment
  • Can the time spent pursuing an incompetent revision petition before a departmental authority be condoned for the purpose of filing an appeal before the Service Tribunal?
  • Does the filing of a revision petition, where no such right exists, extend the limitation period for filing an appeal before the Service Tribunal?
Laws & provisions referred
  • Article 212(3), Constitution of Pakistan 1973
Service TribunalLimitation periodCondonation of delayIncompetent revision petitionService appealLeave to appeal

ORDER

' SHAFIUR RAHMAN, J.---The petitioners, by two separate Petitions under Article 212(3) of the Constitution seek leave to appeal against the two separate judgments of the Service Tribunal dated 15-10-1987 and 23-9-1987 whereby their appeals before the Tribunal were held to be barred by time and dismissed.

2. In both the Petitions, it appears that after their appeals were dismissed by the departmental authorities they filed Revisions before the Inspector-General Police and came to the Service Tribunal only when they were told that no such revision petition was competent. The Tribunal refused to condone the delay on the ground that the Petitioners had no right to file revision or second appeal to the Inspector-General Police and the time consumed could not be allowed for extension of time prescribed for filing appeals before the Tribunal.

3. The view taken by the Service Tribunal suffers from no legal infirmity and no case for leave to appeal is made out, hence leave to appeal is refused.

Cited by 1 case

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