1990 SCMR 1476

FAZALURREHMAN QURESHI vs THE DEPUTY DIRECTOR, FOOD, LAHORE and another

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Citation1990 SCMR 1476

CourtSupreme Court of Pakistan

Case No.Civil Petition No,308 of 1985

Date1989-05-15

Judge(s)Ghulam Mujaddid and Saad Saood Jan

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 challenging the judgment dated January 14, 1985, passed by the Punjab Service Tribunal, whereby the appeal of the petitioner against his compulsory retirement under Martial Law Regulation No. 114 was dismissed in limine on the ground of limitation. The core legal question is whether the Service Tribunal correctly exercised its discretion in dismissing the time-barred appeal due to the absence of a satisfactory explanation for the delay in invoking its appellate jurisdiction. The Supreme Court held that the order of the Tribunal calls for no interference as the delay remained unexplained. The petition was accordingly dismissed, establishing the principle that failure to provide a satisfactory explanation for delay warrants the dismissal of an appeal on limitation grounds without interfering with the tribunal's discretion.

Questions settled in this judgment

Whether an appeal before the Punjab Service Tribunal can be dismissed in limine on the ground of limitation when no satisfactory explanation for the delay is provided?
Does the Supreme Court interfere with the discretion exercised by the Service Tribunal regarding the condonation of delay under proper legal principles?

Laws & provisions referred

Martial Law Regulation No. 114

compulsory retirementservice tribunallimitationbarred by timepetition for leave to appeal

ORDER

1. ' GHULAM MUJADDID, J.---The appeal of the petitioner against his compulsory retirement under Martial Law Regulation No,114 was dismissed by the Punjab Service Tribunal by judgment dated 14- 1-1985 on the ground of limitation.

2. ' The order of his retirement was passed in March, 1972 by the Deputy Director, Food, Lahore Region, Lahore, confirmed by the Director, Food, Punjab. His appeal before the Tribunal was barred by time.

3. The Tribunal dismissed the appeal in limine on the ground of limitation because no satisfactory explanation was given by the petitioner for invoking the appellate jurisdiction of the Tribunal out of time.

4. ' The discretion exercised by the Tribunal calls for no interference. This petition is, therefore, dismissed.