Latest Judgments
Newly reported judgments from the Supreme Court of Pakistan, the High Courts and tribunals, added as they are processed — free, full text, updated daily. Judgments marked NEW were added in the most recent update. 232594 judgments in total.
- Syed TAJAMMUL MAHMUD Versus1981 PLC(CS) 127 · Supreme Court of Pakistan · 1980-11-24Read full judgment →
Summary & questions settled
This petition for leave to appeal challenged a Service Tribunal judgment that dismissed the petitioner's appeal against his compulsory retirement as time-barred. The petitioner had been compulsorily retired in 1971. A 1975 Service Tribunal order set aside the appellate dismissal of his appeal on procedural grounds—specifically, the lack of a personal hearing—and remanded the matter. The Finance Secretary subsequently scheduled a personal hearing, which the petitioner refused to attend, arguing the appeal was no longer pending. Following the Finance Secretary's rejection of his appeal in 1976, the petitioner filed numerous representations to various authorities instead of appealing to the Service Tribunal, resulting in a two-year delay. The Supreme Court held that the Service Tribunal's 1975 order did not invalidate the original retirement order but merely required the appellate authority to rehear the appeal properly. Consequently, the Finance Secretary acted within jurisdiction. The Court affirmed that the petitioner's failure to file a timely appeal to the Service Tribunal, opting instead for futile representations, rendered his appeal time-barred. No question of law warranting interference under Article 212 of the Constitution was found.
Questions settled- Does a Service Tribunal order setting aside an appellate decision for lack of personal hearing invalidate the original disciplinary order?
- Does the time spent pursuing representations to various authorities constitute sufficient cause for condoning delay in filing a service appeal?
- Is an appellate authority acting without jurisdiction when it rehears an appeal following a remand order from a Service Tribunal?
- ISLAMIC REPUBLIC OF PAKISTAN Versus1981 PLC(CS) 125 · Supreme Court of Pakistan · 1980-10-07Read full judgment →
Summary & questions settled
This petition for special leave to appeal arises from an order of the Service Tribunal setting aside the compulsory retirement of the respondent and directing his reinstatement with consequential benefits. The respondent had been proceeded against for alleged misconduct, inefficiency, and negligence under the Government Servants (Efficiency and Discipline) Rules, 1960. Although an inquiry officer was appointed, no formal inquiry was conducted because the respondent failed to submit a written defence or join the proceedings. The core legal question was whether the authorities could dispense with a formal inquiry upon the accused government servant's failure to participate. The Supreme Court held that notwithstanding the respondent's failure to respond, rule 8 of the Government Servants (Efficiency and Discipline) Rules, 1960, makes it incumbent upon the Inquiry Officer to proceed and complete the inquiry in the absence of the accused to establish the allegations. The petition was accordingly dismissed.
Questions settled- Whether an inquiry officer is legally required to complete an inquiry ex-parte when a government servant fails to submit a written defence or join the proceedings?
- Can a penalty of compulsory retirement be sustained in the absence of a completed inquiry under the Government Servants (Efficiency and Discipline) Rules, 1960?
- MUHAMMAD SADIQ KHOKHAR Versus1981 PLC(CS) 123 · Supreme Court of Pakistan · 1976-11-03Read full judgment →
Summary & questions settled
This leave petition arose from a High Court judgment dismissing the petitioner's writ petition in limine. The petitioner, a civil servant, was initially removed from service following an inquiry, but was reinstated after his appeal to the Service Tribunal because the removal order was issued by an authority lower in rank than his appointing authority. Upon reinstatement, he was immediately suspended and served with a fresh memorandum of charges by the proper appointing authority. The petitioner challenged this second inquiry in the High Court, arguing double jeopardy and asserting that the High Court had jurisdiction under Article 199 because no 'final order' had yet been passed to trigger the Service Tribunal's jurisdiction. The Supreme Court held that the second inquiry did not constitute double jeopardy as the initial order was void for lack of competent authority. Furthermore, the suspension order had attained finality, and because the grievance related to the terms and conditions of service, the Service Tribunal held exclusive jurisdiction under Article 212(2) of the Constitution, which overrides Article 199.
Questions settled- Does a second disciplinary inquiry on the same charges constitute double jeopardy if the first removal order was set aside because it was passed by an incompetent authority?
- Does the High Court have jurisdiction under Article 199 of the Constitution of Pakistan 1973 over matters relating to the terms and conditions of service of a civil servant when a Service Tribunal has been established?
- Can an order of suspension be considered a final order for the purpose of invoking the jurisdiction of the Service Tribunal under the Service Tribunals Act 1973?
- Haji SARDAR MUHAMMAD Versus1981 PLC(CS) 121 · Supreme Court of Pakistan · 1980-06-17Read full judgment →
Summary & questions settled
This petition for leave to appeal challenged a Peshawar High Court judgment that dismissed a constitution petition regarding the compulsory retirement of a government servant. The petitioner, a former Section Officer, sought to challenge his retirement, which took effect in 1976, after a subsequent review petition under Martial Law Order 23 was rejected in 1978. The core legal questions concerned whether the High Court correctly dismissed the petition on the grounds of laches and whether the retirement order was vitiated by the absence of the specific phrase 'public interest' or allegations of mala fides. The Supreme Court upheld the High Court's decision, holding that the High Court exercised its discretion appropriately regarding laches, given the significant delays in filing. Furthermore, the Court affirmed that the mere omission of the specific words 'public interest' in a retirement notification does not invalidate the order if the action was otherwise lawful under the relevant statute. The judgment establishes that discretionary dismissal on the basis of laches is a matter for the High Court's judgment based on the specific circumstances of each case.
Questions settled- Does the omission of the phrase 'public interest' in a notification of compulsory retirement invalidate the order?
- Is the High Court's dismissal of a petition on the grounds of laches a matter of judicial discretion?
- Can a petitioner claim discrimination based on the fact that other Benches of the High Court took a different view on the issue of laches in similar cases?
- MUHAMMAD ASHRAF Versus1981 PLC(CS) 120 · Supreme Court of Pakistan · 1980-12-06Read full judgment →
Summary & questions settled
This petition for leave to appeal challenges an order of the Federal Service Tribunal, which dismissed the petitioner's appeal against his compulsory retirement from service on grounds of limitation and merits. The core legal questions were whether the petitioner's appeal before the Tribunal was time-barred and whether the compulsory retirement was justified based on the petitioner's service record. The Supreme Court held that the appeal was indeed time-barred, as it was filed beyond the 90-day period prescribed by the Service Tribunals Act, 1973, following the establishment of the Tribunal. The Court further affirmed the Tribunal's finding on merits, noting that the petitioner's service record contained adverse entries that justified the competent authority's decision to compulsorily retire him for inefficiency. The key principle laid down is that departmental appeals not provided for under relevant service rules do not extend the limitation period for filing an appeal before a Service Tribunal, and that adverse entries in a service record constitute a valid basis for compulsory retirement by the competent authority.
Questions settled- Does a departmental appeal not provided for under relevant service rules extend the limitation period for filing an appeal before a Service Tribunal?
- Is an appeal filed after the 90-day period from the establishment of the Service Tribunal liable to be rejected as time-barred?
- Can adverse entries in a service record justify an order of compulsory retirement for inefficiency?
- MUHAMMAD ASLAM KHAN Versus1981 PLC(CS) 117 · Supreme Court of Pakistan · 1980-04-30Read full judgment →
- MUHAMMAD ISMAIL Versus1981 PLC(CS) 115 · Supreme Court of Pakistan · 1979-05-12Read full judgment →
Summary & questions settled
This is a petition for special leave to appeal from a revisional order of the Lahore High Court arising out of a civil suit filed by the petitioner, a Research Assistant, seeking a declaration of seniority over other employees and an order for retrospective promotion in the Directorate Land Reclamation, Government of Punjab. The trial court decreed the suit, but the lower appellate court and the High Court dismissed it on the ground that matters of seniority and promotion pertain to the terms and conditions of service, falling within the exclusive jurisdiction of the Service Tribunal under the Punjab Service Tribunals Act and Article 212 of the Constitution, thereby barring the jurisdiction of civil courts. The Supreme Court dismissed the petition, holding that civil courts lack jurisdiction to entertain service disputes regarding seniority and promotion of civil servants when an Administrative Tribunal has been established for that purpose.
Questions settled- Does a civil court have jurisdiction to entertain a suit filed by a civil servant relating to seniority and promotion?
- Are matters of seniority and promotion included in the terms and conditions of service of a civil servant?
- Does Article 212 of the Constitution bar the jurisdiction of other courts in respect of matters to which the jurisdiction of an Administrative Court or Tribunal extends?
- UNIVERSITY OF PESHAWAR Versus ZULQARNAIN1981 PLC(CS) 114 · Supreme Court of Pakistan · 1980-09-30Read full judgment →
Summary & questions settled
This civil appeal arises from a judgment of the Peshawar High Court regarding the reversion of a civil engineer and the termination of another's services by the University of Peshawar following an adverse inquiry report regarding construction work. The core legal question concerns the maintainability of a constitutional writ petition in the presence of an adequate alternate remedy by way of an appeal. The Supreme Court allowed the appeal, holding that an alternate remedy by way of an appeal was competent under the statute. The key principle laid down is that where an alternate statutory remedy of appeal is available, a constitutional petition under the relevant constitutional jurisdiction is ordinarily not maintainable unless special circumstances are made out, though parties may be granted liberty to pursue the alternate remedy.
Questions settled- Is an appeal competent under section 39 of the University of Peshawar Act 1974 against an order of the University Syndicate?
- Does the availability of an alternate remedy under the statute bar the entertaining of a writ petition?
- MUHAMMAD ISMAIL Versus1981 PLC(CS) 112 · Supreme Court of Pakistan · 1980-11-24Read full judgment →
Summary & questions settled
This matter concerns a petition for leave to appeal against an order of the Central Service Tribunal, which dismissed the petitioner's appeal as time-barred. The petitioner, an Assistant Foreman, challenged departmental disciplinary actions taken against him in 1976. After his departmental appeal was dismissed on 16-7-1978, the petitioner filed multiple representations to the President instead of approaching the Service Tribunal. He subsequently filed an appeal before the Service Tribunal in 1980, relying on the date his last representation was withheld to calculate the limitation period. The core legal question was whether the time spent on unauthorized representations to the President could be excluded from the statutory limitation period for filing an appeal before the Service Tribunal. The Supreme Court held that the law does not permit the exclusion of time spent on repeated representations after a final departmental order. The Court affirmed that the appeal was filed nearly two years after the final departmental order and was therefore hopelessly time-barred. The petition was dismissed, upholding the Tribunal's decision.
Questions settled- Can the time spent on making repeated representations to the President be excluded from the limitation period for filing an appeal before the Service Tribunal?
- Does the filing of representations to the President after the dismissal of a departmental appeal extend the statutory limitation period under the Central Service Tribunals Act 1973?
- MUHAMMAD MUNAWAR KHAN Versus1981 PLC(CS) 108 · Supreme Court of Pakistan · 1980-11-12Read full judgment →
- MUHAMMAD AKHTAR Versus1981 PLC(CS) 106 · Supreme Court of Pakistan · 1980-05-20Read full judgment →
- PUNJAB ROAD TRANSPORT BOARD Versus PUNJAB SERVICE TRIBUNAL LAHORE, ETC.1981 PLC(CS) 105 · Supreme Court of Pakistan · 1980-04-27Read full judgment →
- FAZAL AHMAD Versus1981 PLC(CS) 103 · Supreme Court of Pakistan · 1980-10-01Read full judgment →
Summary & questions settled
This appeal by special leave is directed against the order of the Services Tribunal dismissing the appellant's service appeal on the ground of limitation. The core legal question concerns whether the Services Tribunal erred in law by refusing to condone the delay in filing the appeal after the appellant's civil suit abated upon the promulgation of the Services Tribunals Act 1973. The Supreme Court held that the civil suit abated ipso facto by operation of law upon the establishment of the Tribunal, requiring no formal declaration by the civil court, and that the appellant failed to plead or substantiate that the delay was caused by the mistaken advice of counsel. The Court concluded that the appeal was rightly dismissed as time-barred, establishing that statutory abatement occurs automatically and a party cannot claim the benefit of mistaken counsel advice without pleading it.
Questions settled- Does a civil suit regarding service matters abate ipso facto upon the establishment of the Services Tribunal under the Services Tribunals Act 1973?
- Can an appellant claim the benefit of mistaken advice of counsel for condonation of delay when such a ground was not pleaded in the application before the Services Tribunal?
- Ch. MUHAMMAD ASLAM Versus SECRETARY TO GOVERNMENT OF THE PUNJAB, HOME DEPARTMENT1980 PLC(CS) 399 · Supreme Court of Pakistan · 1980-02-11Read full judgment →
- MUHAMMAD SIRAJ Versus PAKISTAN1980 PLC(CS) 398 · Supreme Court of Pakistan · 1980-01-29Read full judgment →
Summary & questions settled
This matter arises from a review petition filed against the previous judgment of the Supreme Court dated 26th March, 1978, which had dismissed the petitioner's leave petition challenging his removal from service. The core legal question concerns whether the petitioner's removal by the Director, Malaria Institute of Pakistan, Dacca, was illegal due to an alleged unlawful sub-delegation of powers originating from the President of Pakistan. The Supreme Court held that the review petition is not maintainable as it merely attempts to re-argue the case on points already considered and rejected, without pointing out any error patent on the face of the record. The court laid down the principle that a review petition cannot be used to re-litigate issues previously examined and decided, absent an error apparent on the face of the record.
Questions settled- Can a review petition be entertained to re-argue a case on points already urged and rejected?
- What constitutes a valid ground for the review of a judgment of the Supreme Court?
- ALLAH RAKHA Versus GOVERNMENT OF THE PUNJAB1980 PLC(CS) 397 · Supreme Court of Pakistan · 1980-02-25Read full judgment →
- THE SECRETARY TO THE GOVERNMENT OF PUNJAB, EDUCATION DEPARTMENT Versus MUNAWAR ALI1980 PLC(CS) 393 · Supreme Court of Pakistan · 1980-03-19Read full judgment →
- WAHIDUDDIN Versus PROVINCE OF SIND1980 PLC(CS) 390 · Supreme Court of Pakistan · 1980-01-28Read full judgment →
Summary & questions settled
The petitioner, a Civil Judge appointed on a regular basis after selection by the Public Service Commission, had his services terminated under section 11 of the Sind Civil Servants Act, 1973 while serving as a probationer. He appealed to the Sind Service Appellate Tribunal, arguing that his termination was a punitive removal for alleged misconduct without an inquiry, and contended that the Tribunal erred in refusing to summon the official record. The Tribunal dismissed the appeal, holding that the termination was a simple discharge of a probationer. Upon a petition for special leave to appeal, the Supreme Court of Pakistan held that the petitioner was indeed a probationer under initial appointment, that the termination was a simple discharge not requiring a show-cause notice or inquiry, and that the Tribunal's discretionary power to summon documents under section 5(2)(b) of the Sind Service Tribunals Act, 1973 could not be interfered with, particularly as the matter did not involve a substantial question of law of public importance under Article 212 of the Constitution. The petition was accordingly dismissed.
Questions settled- Whether the termination of a probationer's service under section 11 of the Sind Civil Servants Act, 1973 requires a show-cause notice or an inquiry where no misconduct is apparent on the face of the order?
- Does the refusal of the Service Tribunal to summon record under section 5(2)(b) of the Sind Service Tribunals Act, 1973 give rise to a substantial question of law of public importance under Article 212 of the Constitution?
- What constitutes an initial appointment under section 2(1)(d) of the Sind Civil Servants Act, 1973?
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- FIDA MUHAMMAD RATHORE Versus AZAD GOVERNMENT1983 PLC(CS) 256 · Supreme Court of Azad Jammu and Kashmir · 1982-11-08Read full judgment →
- 1981 PLC(CS) 971981 PLC(CS) 97 · Supreme Court of Azad Jammu and Kashmir · 1980-11-05Read full judgment →
- Ch. MUHAMMAD LATIF Versus1981 PLC(CS) 82 · Supreme Court of Azad Jammu and Kashmir · 1980-09-15Read full judgment →
- 1981 PLC(CS) 5441981 PLC(CS) 544 · Supreme Court of Azad Jammu and KashmirRead full judgment →
- ISLAM MUHAMMAD Versus AZAD GOVERNMENT OF THE STATE OF J & K1981 PLC(CS) 313 · Supreme Court of Azad Jammu and KashmirRead full judgment →
- MUHAMMAD ZULF KHAN Versus AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR1981 PLC(CS) 26 · Supreme Court of Azad Jammu and Kashmir · 1980-09-30Read full judgment →
- MUHAMMAD TAJ Versus1981 PLC(CS) 210 · Supreme Court of Azad Jammu and KashmirRead full judgment →