MEHFOOZ ILAHI PIRACHA vs SME BANK LIMITED and 3 others
This petition for special leave to appeal was filed against an interim order of the Federal Service Tribunal, which had declined the petitioner's request to suspend his termination from service pending the final disposal of his service appeal. The petitioner, an employee of the Regional Development Finance Corporation absorbed into SME Bank Limited, challenged his termination as mala fide and procedurally improper. The core legal question concerned the maintainability of a petition against an interim order of the Service Tribunal and the appropriateness of granting interim relief that effectively decides the main appeal. The Supreme Court observed that entertaining the petition against an interim order was not maintainable and that granting the requested suspension would amount to a premature disposal of the appeal pending before the Tribunal. Consequently, the Court refused leave to appeal but directed the Federal Service Tribunal to proceed expeditiously and decide the petitioner's service appeal as early as possible to mitigate hardship.
- Is a petition against an interim order of the Federal Service Tribunal maintainable before the Supreme Court?
- Can an appellate forum grant interim relief that effectively amounts to the final disposal of the appeal?
- Does the Supreme Court have the authority to direct the Federal Service Tribunal to expedite the hearing of a service appeal?
- Article 212(3), Constitution of Islamic Republic of Pakistan 1973
- Ordinance No. LVI of 2001
1. ' MUHAMMAD NAWAZ ABBASI, J.---This petition for special leave to appeal under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973, has been preferred against an interim order, dated 24-4-2002 passed by the Federal Service Tribunal, Islamabad, whereby the player relating to the suspension of the operation of order of termination from service, pending final disposal of the service appeal, was declined.
2. ' The petitioner being an employee of Regional Development Finance Corporation was absorbed in S.M.E. Bank Limited, respondent No,1 herein, under Ordinance No,LVI of 2001 and while discharging his functions in the said bank he was terminated on 19-4-2002. The petitioner while challenging the termination order before the Federal Service Tribunal, Islamabad, also sought suspension of the termination order as interim relief through a separate application and on dismissal of said application by the Tribunal through the impugned order, has filed this petition.
3. Learned counsel for the petitioner has contended that the petitioner was a permanent employee, therefore, his services could not be dispensed with in a summary manner and that his termination from service was mala fide and violative of the service regulations. Learned counsel for the petitioner when confronted that this petition against an interim order would not be maintainable and that the relief being sought by the petitioner if is allowed, it would amount disposal of appeal before the Tribunal. Learned counsel in the alternate has submitted that the order under challenge being patently illegal. Tribunal may be directed for an early disposal of the appeal to save the petitioner from agony. This request in the circumstances of the case, appears to be genuine. We, therefore, dismiss this petition with the direction that Service Tribunal while proceeding expeditiously, should decide the appeal of the petitioner as early as possible. Leave is refused.