Delay in Departmental Appeal Justified Due to Imprisonment – Supreme Court of Pakistan Judgment 2025 SCMR 235.
عنوان: قید کے دوران برطرفی کا حکم، محکمانہ اپیل میں تاخیر قابلِ معافی قرار – 2025 SCMR 235
🔷 مقدمہ: تسور حسین بنام ریجنل پولیس آفیسر، ملتان و دیگر
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🔍 اہم قانونی نکات:
4. عدالت نے قرار دیا کہ:
✅ فیصلہ:
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Must read judgement
2025 SCMR 235
[Supreme Court of Pakistan]
Present: Amin-ud-Din Khan, Muhammad Ali Mazhar and Irfan Saadat Khan, JJ
TASSAWAR HUSSAIN ---Petitioner
Versus
The REGIONAL POLICE OFFICER, MULTAN and another ---Respondents
Civil Petition No. 1181-L of 2016, decided on 24th September, 2024.
(Appeal against the judgment dated 15.02.2016 passed by the Punjab Service Tribunal, Lahore in Appeal No. 899 of 2016).
Civil service---
----Departmental appeal, filing of---Limitation---Police official dismissed from service---Departmental appeal filed by police official was rejected by the competent authority for being barred by time, and the said rejection order of the departmental appeal was maintained by the Service Tribunal vide impugned judgment---Validity---When the show cause notice was issued to the petitioner (police official) on 25.11.2010 and the dismissal order was passed on 11.01.2011, the petitioner was behind the bars (in connection with a murder case) and obviously, he was not in a position to diligently pursue and avail the remedy of departmental appeal in accordance with law---Bona fides of the petitioner could not be doubted when he was incarcerated; it was not an easy or comfortable task, rather it was beyond his control, to respond to the show cause notice, which was never served upon him, or to file a departmental appeal against the dismissal order, which was also never served upon him, within the stipulated time---However, when he was released from jail, he immediately filed the departmental appeal which was rejected---Petitioner then approached the Service Tribunal for redressal of his grievance but the appeal was dismissed on the ground of limitation---In all conscience, neither the overall conduct of the petitioner in pursuing his legal remedies depicted any negligent or reckless conduct nor did it appear that he deliberately failed to file the departmental appeal within time, and nor was any proof presented on the record to demonstrate that the petitioner was served with the show cause notice and dismissal order while he was in jail for him to pursue and avail the remedy of departmental appeal---Departmental appeal could, no doubt, be transmitted by the petitioner through the Jail Superintendent/authority, provided that he received the dismissal order in jail, but in this case when no order was served, the petitioner cannot be declared guilty or solely responsible for the delay in filing of the departmental appeal---On the contrary, he was a victim of circumstances, therefore the (police) department cannot take the refuge of limitation---Petition was converted into an appeal and allowed; as a consequence, thereof, the impugned judgment of the Service Tribunal was set aside and the matter was remanded to the Tribunal to decide the service appeal of the petitioner on merits after affording a fair opportunity of hearing to the parties.
Tariq Javaid, Advocate Supreme Court for Petitioner.
Baleegh-uz-Zaman Ch., Additional Advocate General, Punjab for Respondents.
Date of hearing: 24th September, 2024.
Regards Ch Yasir Ilyas Gujjar Advocate