Khalid Mehmood Raja vs Director General Pakistan Rangers (Sindhh) And Another
This petition for leave to appeal is directed against the judgment of the Federal Service Tribunal whereby the petitioner's appeal was dismissed based on observations regarding a prior judgment of the Supreme Court. The core legal question concerns the propriety of the Tribunal's dismissal of the service appeal without deciding the matter on merits. The Supreme Court converted the petition into an appeal by consent of the parties, set aside the impugned judgment, and remanded the case back to the Federal Service Tribunal for a decision afresh on merits within four months. The key principle established is that service appeals must be adjudicated on merits by the Tribunal rather than being dismissed summarily under a misinterpretation of Supreme Court orders.
- Whether the Federal Service Tribunal can dismiss a service appeal without deciding the matter on merits?
- Can a petition for leave to appeal be converted into an appeal by consent of the parties for the purpose of remanding the case?
JUDGMENT QAZI MUHAMMAD FAROOQ, This petition for leave to appeal is directed against the judgment dated 8.10.2001 passed by the Federal Service Tribunal, hereinafter referred to as the Tribunal, whereby the petitioner's appeal was dismissed with the following observations: - "The appellant submits that he has preferred departmental appeal and has the right to file this appeal. The departmental representative of the respondents states that the matter has been clinched by the August Supreme Court of Pakistan by referring the above-mentioned judgment.
The August Supreme Court of Pakistan in the above- mentioned judgment has not. Directed that the appellant will be entitled to file appeal in case any order adverse to the appellant is passed."
2. The petitioner's appeal was indubitably guillotined by the Tribunal and for that very reason the learned Deputy Attorney General took the stance that the request made by the petitioner for remand of the case to the Tribunal may be granted. Accordingly, by consent this petition is converted into appeal and by allowing the same the impugned judgment is set aside and the case is remanded to the Tribunal for decision afresh on merits, within a period of four months. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.