GOVERNMENT OF SINDH and 2 others vs LIAQAT ALI and another
This matter arises from civil petitions filed against the judgments of the Sindh Service Tribunal concerning the appointment of the petitioners as Naib Qasid in the Public Health Engineering Department. The core legal question revolves around whether an appeal before the Sindh Service Tribunal could be lawfully heard and decided by a single member instead of a full bench consisting of three members as mandated by the rules. The Supreme Court of Pakistan held that as per Rule 23 of the Sindh Service Tribunal (Procedure) Rules, 1974, and in the absence of any general or special order of the Chairman authorizing a single member, the appeals were required to be heard by a full bench. Consequently, the Court allowed the appeals, set aside the impugned judgments, and remanded the matters back to the Tribunal for a fresh decision within three months, while directing the reinstatement of the respondents.
- Whether an appeal before the Sindh Service Tribunal can be heard and decided by a single member instead of a full bench?
- What is the quorum requirement for hearing appeals under the Sindh Service Tribunal (Procedure) Rules, 1974?
- Rule 23, Sindh Service Tribunal (Procedure) Rules 1974
ORDER
NAZIM HUSSAIN SIDDIQUI, J.-- This order will dispose of Civil Petitions No. 531 and 532 of 2000.. In both these matters same question of facts and law are involved.
2. The petitioners were appointed as Naib Qasid in Public Health Engineering Department in the year, 1995 by Executive Engineer, PHED, Division No. 1, Kheir Pur. Learned counsel submits that as per Rule 23 of the Sindh Service Tribunal (Procedure) Rules, 1974, the appeals of the petitioners were to be heard by full bench consisting of three Members, but these appeals were heard and decided by one member only. He contends that on this ground alone, the impugned judgments are liable to be set aside. The impugned judgments do not show that due to any, general or special order of the Chairman, these appeals were heard by a Single Member.
3. These petitions are converted into appeals and the same are allowed, impugned judgments are set-aside and the matters are remanded to Tribunal for deciding :hem afresh according to law.
Respondents Liaqat All and Ghulam Rasool Narejo, shall be reinstated, as ordered by the Tribunal, and these appeals be decided within 3 months from the receipt of this order.