KHALID MEHMOOD RAJA vs DIRECTOR-GENERAL PAKISTAN RANGERS (SINDH)
This petition for leave to appeal challenged a judgment of the Federal Service Tribunal, which had dismissed the petitioner's appeal regarding a service matter. The core legal question before the Supreme Court was whether the Tribunal correctly dismissed the appeal without addressing the merits, based on a misinterpretation of a prior Supreme Court judgment regarding the petitioner's right to appeal adverse orders. The Supreme Court observed that the Tribunal had effectively 'guillotined' the petitioner's appeal without proper adjudication. Consequently, with the consent of the Deputy Attorney-General, the Supreme Court allowed the petition, converted it into an appeal, set aside the impugned judgment of the Tribunal, and remanded the case back to the Tribunal for a fresh decision on the merits. The key principle laid down is that a service tribunal is obligated to adjudicate the merits of an appeal rather than summarily dismissing it based on an erroneous interpretation of prior judicial precedents concerning the right to appeal adverse departmental orders, and that such matters should be remanded for proper determination within a specified timeframe.
- Does the Federal Service Tribunal have the authority to summarily dismiss a service appeal without deciding the case on its merits?
- Can a case be remanded to the Federal Service Tribunal for a fresh decision if the initial dismissal was based on an incorrect interpretation of a prior Supreme Court judgment?
' QAZI MUHAMMAD, FAROOQ, J.---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 third petition is converted into appeal and by allowing the same the impugned judgment is set de and the case is remanded to the Tribunal for decision afresh on merits, within a period of four months.