CHAIRMAN, DISTRICT EVACUEE TRUST, JHELUM vs ABDUL KHALIQ through Legal Heirs and others

IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to appeal has been filed against the judgment dated 14th November, 2000 passed by Lahore High Court, Lahore, whereby Settlement Appeal filed by Chairman, District Evcuee Trust, Jhelum has been dismissed.

2. This petition is barred by 32 days. On the last date of hearing notice was ordered to be issued to Chairman, Evacuee Trust Property Board, to look into the matter personally and conduct and through probe into it and fix responsibility upon the person responsible for causing delay in filing of petition.

3 . In response to notice Chairman, Evacuee Trust Board, Lahore appeared in person and placed on record a copy of his statement indicating action taken by him against the delinquent officers. He further stated that in future there will be no lapse on behalf of the Board in filing petitions/appeals.

4. It has been pointed out number of times that cases pertaining to Federal/Provincial Government or autonomous bodies instituted beyond limitation prescribed by law before subordinate Court, High Court and this Court without assigning any justification acceptable under the law for not approaching the Court within time and in the applications seeking condonation of delay, if filed, invariably the plea is taken that time has been spent in completion of departmental proceedings, therefore, delay may be condoned. The concerned department must know that delay of limitation in tiling of proceedings can only be condoned if it is sought for on sufficient grounds otherwise in absence thereof no special indulgence can be shown to such department because it is well- settled that no preferential treatment can be offered to the Government department or autonomous bodies. Their cases have to be dealt with same manner as the cases of an ordinary litigant/citizen. In this behalf, reliance is placed on Central Board of Revenue, Islamabad through Collector of Customs, Sialkot Dry Port, Samberial, District Sialkot and others v. Messrs Raja Industries (Pvt.) Ltd. Through General Manager and 3 others (1998 SCM R 307), Lahore High Court, Lahore through Registrar v. Nazar Muhammad Fatima and others 1998 SCM R 2376, Federation of Pakistan through Secretary, Ministry of Foreign Affairs, Government of Pakistan, Islamabad and 5 others v.

Jamaluddin and others 1996 SCM R 727, Pakistan through Secretary, Ministry of Defence v. Messrs Azhar Brothers Ltd. 1990 SCM R 1059 and Government of the Punjab through Secretary (Services), Services General Administration and information Department, Lahore and another v. Muhammad Saleem PLD 1995 SC 396.

5. We are conscious that on declining relief either to the Government or public litigant in view of the provision of limitation, serious, injustice is caused to either of the party before the Court but we cannot help it in view of the existing law. However, concerning the cases belonging to the Government/autonomous bodies, at least one thing can be done that if case is decided against it on the question of limitation, the direction must be passed to the high-ups of the department so he/they may initiate departmental action against those officers who are directly or indirectly responsible for causing delay in instituting the cases beyond period of limitation and even in absence of such directions, it would be duty of such officer to take action accordingly because if such unscrupulous persons are not proceeded against, they will have no fear of causing huge losses to the Government/autonomous functionaries at the cost of public exchequer because ultimately it is the public at large who suffers, being ultimate beneficiaries of the Government property.

6. We appreciate the steps taken by the incumbent Chairman of Evacuee Trust Property Board, Lahore for initiating actions against the officers who are responsible for filing instant petition beyond period of limitation and we are hopeful that in future other responsible officers would also do so.

7. The Chairman, Evacuee Trust Property Board candidly conceded that instant petition should not have been filed by his department because the property in question does not belong to it. In view of his such statement, petition is dismissed both for want of cause of action as well as being barred by limitation. Copy of this judgment be 'sent to the Chairman, Evacuee Trust Property Board, Lahore.