SECRETARY TO GOVERNMENT OF THE PUNJAB vs BASHIR AKHTAR SAHI
This petition for leave to appeal was directed against an interim order passed by the Service Tribunal, which had suspended the operation of an administrative order dated 22-8-1996. The Supreme Court of Pakistan examined the procedural status of the matter, noting that the Tribunal's interim order was subject to notice and that a subsequent hearing date had been fixed. Upon inquiry, the petitioner's counsel was unable to confirm the status of the proceedings on the subsequent date of hearing, while the respondent's counsel indicated that the Government had failed to appear before the Tribunal on that date. The Supreme Court held that in such circumstances, where an interim order remains pending and the petitioner has failed to pursue the matter before the forum of first instance, the appropriate remedy is to approach the Service Tribunal directly to seek the recall or modification of the interim order. Consequently, the Court dismissed the petition, establishing the principle that a party must exhaust remedies before the original forum, particularly regarding the recall of interim orders, before invoking the appellate jurisdiction of the Supreme Court.
- Is it appropriate for a petitioner to approach the Supreme Court against an interim order of a Service Tribunal without first seeking its recall from the Tribunal itself?
- Does the failure of a party to appear before a Service Tribunal on a fixed date preclude the Supreme Court from entertaining a petition against an interim order?
ORDER
1. ZIA MAHMOOD MIRZA, J.---This petition is directed against an interim order passed by the Service Tribunal on 5-12-1996 whereby operation of the order dated 22-8-1996 impugned before the Tribunal was suspended. The order of the Tribunal was subject to notice and the next date of hearing was fixed on 14-1-1997. We have asked the learned counsel as to what orders were passed by the Tribunal on 14-1-1997. He is unable to make any statement. Learned counsel appearing for the caveat or, however, points out that no one for the Government appeared before the Tribunal on 14-1-1997. That being so, petitioner should better approach the Service Tribunal and seek the recall of the interim order. With this observation, this petition is dismissed.