GOVERNMENT OF SINDH and 2 others vs LIAQAT ALI and another
This matter arises from civil petitions challenging judgments of the Sindh Service Tribunals. The core legal question concerns whether service appeals could be heard and decided by a single member of the Tribunal instead of a Full Bench consisting of three members as mandated by procedural rules. The Supreme Court held that the appeals were improperly heard by a single member without any showing of a general or special order of the Chairman authorizing such hearing. Consequently, the Court allowed the petitions, set aside the impugned judgments, and remanded the matters to the Tribunal for a fresh decision in accordance with the law, while directing the reinstatement of the respondents as previously ordered by the Tribunal. The key principle laid down is that procedural rules requiring a Full Bench of the Tribunal must be strictly complied with unless properly dispensed with by competent authority under the rules.
- Whether an appeal before the Sindh Service Tribunal can be heard and decided by a single member instead of a Full Bench?
- Are judgments rendered by a single member of the Service Tribunal without authorization by the Chairman liable to be set aside?
- Rule 23, Sindh Service Tribunals (Procedure) Rules 1974
ORDER
' NAZIM HUSSAIN SIDDIQUI, J.---This order will dispose of Civil Petitions Nos.531 and 532 of 2000. In both these matters same question of facts and law are involved.
2. The respondents were appointed as Naib Qasid in Public Health Engineering Department in the year 1995 by Executive Engineer, PHED, Division No,1, Khair Pur. Learned counsel submits that as per Rule 23 of the Sindh Service Tribunals (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 them 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.