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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: EVACUEE TRUST PROPERTY BOARD, LAHORE VS Respondent: RIAZ AHMAD And Another
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain, Shafi-ur-Rehman Title: EVACUEE TRUST PROPERTY BOARD, LAHORE vs RIAZ AHMAD And Another Case No.: Civil Petition No. 901 of 1984 Date of Judgment:1985-02-25 Reported As: 1985 SCMR 1376 Result: Leave granted
Judgment ORDER SHAFIUR RAHMAN, J.--The petitioner seeks leave to appeal under Article 212(3) of the Constitution against the judgment of Federal Service Tribunal, dated 29-5-1984 whereby the dismissal of respondent under section 3 of the Corporation Employees (Special Powers) Ordinance, 1978, was set aside. The Tribunal has interfered with the order of the dismissal on the ground that no evidence has been produced by the respondent from which it could discover that the appellant had been appointed on political consideration. The law under which the dismissal had been ordered provided on such ground for taking action nor the action was sustainable by reference to such ground. By importing such jurisdictional limitation whether the Tribunal has not exceeded its jurisdiction in interpreting and applying a law is a question of public importance arising in a number of cases particularly under section 12-A of the Civil Servants Act. Leave to appeal is, therefore, granted and this shall be subject to all just exceptions with regard to limitation. The learned counsel has explained the delay by pointing out that the order was not announced but was communicated and the date of communication and its receipt make the petition within the. Let this appeal be heard alongwith other appeals raising similar question. M.I.