Full Judgment Text & Judicial Ruling

2003 P L C (C

2003 P L C (C.S.) 971

[Supreme Court of Pakistan]

Present: Sh. Riaz Ahmed. C.J., Mian Muhammad Ajmal and Muhammad Nawaz Abbasi, JJ

MEHFOOZ ILAHI PIRACHA

Versus

SME BANK LIMITED, ISLAMABAD and 3 others

Civil Petition No.595 of 2002, decided on 8th May, 2002.

(On appeal from the judgment of Federal Service Tribunal, Islamabad, dated 24-4-2002 passed in Miscellaneous Petition No.128 of 2002 (Appeal No.417(R)(CE) of 2002).

Service Tribunals Act (LXX of 1973)--- --

----S.4---Constitution of Pakistan (1973), Art.212(3)---Termination from service---Interim relief sought to suspend operation of impugned order was refused by Service Tribunal---Validity---Petition for leave to appeal against interim order would not be maintainable---Interim relief sought by civil servant, if allowed, would amount to disposal of appeal before Tribunal---Supreme Court dismissed petition and refused leave with direction to Tribunal to decide appeal of civil servant as early as possible.

Ch. Mushtaq Ahmed, Senior Advocate Supreme Court and Anwar H. Mir, Advocate-on-Record (absent) for Petitioner.

K.M.A. Samdani, Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Respondents.

Date of hearing: 8th May, 2002.

JUDGMENT

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 prayer relating to the suspension of the operation of order of termination from service, pending final disposal of the service appeal, was declined.

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.

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 tinder 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, appear to be genuine. We, therefore: dismiss this petition with the direction that Service Tribunal while proceedings expeditiously, should decide the appeal of the petitioner as early as possible. Leave is refused.

S.A.K./M-583/S Leave refused.

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