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. The core legal question before the Supreme Court was whether the Tribunal's summary dismissal of the petitioner's appeal, based on the interpretation of a prior Supreme Court judgment regarding the petitioner's right to appeal, was legally sustainable. Upon review, the Supreme Court noted that the petitioner's appeal had been prematurely dismissed by the Tribunal without a proper adjudication on the merits. Consequently, with the consent of the Deputy Attorney-General, the Supreme Court converted the petition into an appeal, set aside the impugned judgment of the Federal Service Tribunal, and remanded the matter back to the Tribunal. The Court directed the Tribunal to decide the case afresh on its merits within a period of four months. The key principle established is that a service tribunal must adjudicate an appeal on its merits rather than dismissing it summarily based on a misinterpretation of prior judicial directions, ensuring the petitioner's right to a proper hearing is upheld.
- Can a service tribunal summarily dismiss an appeal without deciding the matter on its merits?
- Is a remand appropriate when a tribunal fails to adjudicate an appeal on its merits?
' 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 aside and the case is remanded to the Tribunal for decision afresh on merits, within a period of four months.