Supreme Court of Pakistani GOVERNMENT OF SINDH and 2 others vs LIAQAT
These civil petitions arose from the appointment of the respondents as Naib-Qasid in the Public Health Engineering Department in 1995 and subsequent service appeals before the Sindh Service Tribunal. The core legal question was whether a single member of the Sindh Service Tribunal had the jurisdiction to hear and decide the appeals, in light of Rule 23 of the Sindh Service Tribunals (Procedure) Rules, 1974, which requires such appeals to be heard by a Full Bench consisting of three members. The Supreme Court of Pakistan held that since the impugned judgments did not indicate that the appeals were heard by a single member pursuant to any general or special order of the Chairman, the single-member decision was invalid. Consequently, the Supreme Court converted the petitions into appeals, allowed them, set aside the impugned judgments, and remanded the matters to the Tribunal for a fresh decision in accordance with the law, while ordering the interim reinstatement of the respondents.
- Whether an appeal before the Sindh Service Tribunal can be heard and decided by a single member in the absence of a general or special order of the Chairman?
- What is the legal consequence of a Service Tribunal appeal being decided by a single member in violation of Rule 23 of the Sindh Service Tribunals (Procedure) Rules 1974?
- 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 petitioners were appointed as Naib-Qasid in Public. Health Engineering Department in the year 1995 by Executive Engineer, PHED, Division No,1, Khairpur. 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 Ali 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.