FAUZIA SIDDIQUE QURESHI vs SECRETARY
This matter arises from petitions for leave to appeal filed against the dismissal of the petitioner's appeal by the Federal Service Tribunal and the dismissal of an Intra-Court Appeal by the Lahore High Court due to being time-barred and lacking jurisdiction under Article 212 of the Constitution. The core legal questions concern the finality of concurrent factual findings regarding willful absence from service and the exclusion of the High Court's jurisdiction in service matters. The Supreme Court held that concurrent findings of fact by departmental authorities and the Service Tribunal regarding willful absence will not be interfered with without sufficient lawful justification, and that Article 212 of the Constitution read with Section 6 of the Service Tribunals Act, 1973 ousts the jurisdiction of other courts in matters covered by the Service Tribunal. The key principle laid down is that the Supreme Court does not ordinarily interfere with concurrent findings of fact by service tribunals, and that the establishment of service tribunals completely ousts the jurisdiction of civil courts and high courts regarding terms and conditions of civil servants.
- Whether the Supreme Court interferes with concurrent findings of fact given by a Departmental Authority and the Service Tribunal?
- Does the establishment of a Service Tribunal oust the jurisdiction of the High Court in service matters relating to the terms and conditions of government servants?
- Is a competent authority bound to dispose of successive representations made by an employee?
- Whether an Intra-Court Appeal can be dismissed when barred by time and lacking jurisdictional competence?
- Article 212, Constitution of Islamic Republic of Pakistan
- Article 212(2), Constitution of Islamic Republic of Pakistan
- Section 6, Service Tribunals Act, 1973
ORDER
Javed Iqbal, J.--The petition Bearing No, 2197 of 2001 for leave to appeal has been filed against the judgment dated 30.4.2001 of learned Federal Service Tribunal whereby the appeal preferred on behalf of petitioner has been dismissed. In CPLA No, 614 of 2003, the judgment dated 14.5.2002 passed by learned Division Bench of Lahore High Court (Rawalpindi Bench) has been assailed whereby the I.C.A. was dismissed being barred by 51 days as well as on the point of jurisdiction holding that in view of the provisions as contained in Article 212 of the Constitution of Islamic Republic of Pakistan the petitioner should have approached the learned Federal Service Tribunal for the redressal of her grievances.
2. The petitioner was represented by her father namely Mr: M. Siddique Qureshi who conceded frankly regarding the factum of absence which, according to him, was not willful but due to compelling circumstances which made the petitioner incapacitated to perform official duties. We are not persuaded to agree with the prime contention of Mr. M. Siddique Qureshi that the termination order could not have been passed without deciding the representation of the petitioner for the reason that represented dated 2.12.1999 was disposed of by means of order dated 16.5.2000. The objection that the said order did not mention the date of representation made by the petitioner being devoid of merit hardly deserves any consideration. It is worth mentioning here at this juncture that successive representations could not have been made and therefore, the competent authority is not bound to dispose of all such representations.
3. The determination qua the factum of willful absence made by the department has been affirmed by the learned Service Tribunal which cannot be reversed without sufficient lawful justification which is badly lacking in this case. It is well settled by now that this Court does not ordinarily interfere with a concurrent finding of fact given by Departmental Authority and Service Tribunal. In this regard we are fortified by the dictum laid down in cases titled Muhammad Munir Ahmad v. WAPDA (1990 SCM R 907), Munir Ahmad v. Punjab Service Tribunal (1990 SCM R 1005), Faiz Ahmad vs. Deputy Postmaster General, Lahore (1991 SCM R 368), Muhammad Binyainin v. WAPDA (1991 SCM R 383).
4. In so far as impugned judgment delivered by learned Division Bench of Lahore High Court whereby ICA preferred on behalf of petitioner was rejected, has been examined which is free from any illegality or infirmity. The ICA was dismissed being barred by 51 days as well as on merits by holding that in view of the provisions as contained in Article 212 of the Constitution, the Service Tribunal has exclusive jurisdiction in service matters relating to terms and conditions of Government servants. A careful scrutiny of the provisions as enumerated in Article 212(2) of the Constitution read with Section 6 of the Service Tribunals Act, 1973 would lead to draw the only irresistible conclusion would be that upon the establishment of the Tribunal, no other Court has jurisdiction in the service matters covered by the Service Tribunals and jurisdiction of the High Court is also ousted with regard to all such matters which fall within the jurisdiction domain of Service Tribunal. If any authority is needed reference can be made to cases titled Pakistan International Airlines v. F.M. Shamsi (PLD 1990 SC 943). The Chairman, PIAC v. Nasim Malik (PLD 1990 SC 951).
5.In sequel to above mentioned discussion we are of the view that no question of law of public importance is involved in the matter persuading us to grant leave to appeal. The petitions being merit less are dismissed and leave refused.