RIFFAT SHAHEEN vs AZAD GOVERNMENT through Secretary Elementary and Secondary School Education of the State of Jammu and Kashmir art — 2021 PLC(CS) 1380 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation: 2021 PLC(CS) 1380 SUPREME-COURT-AZAD-KASHMIR
Court: Supreme Court of Pakistan
Year: 2021
Reporter: PLC
Parties: RIFFAT SHAHEEN vs AZAD GOVERNMENT through Secretary Elementary and Secondary School Education of the State of Jammu and Kashmir art
Subject matter: Service

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

RIFFAT SHAHEEN VS AZAD GOVERNMENT through Secretary Elementary and Secondary School Education of the State of Jammu and Kashmir art.42---appeal to Supreme Court---Dismissal of appeal due to non-furnishing of process and security fee---Right of access to justice---Scope---appeal of appellant before Service Tribunal was admitted for regular hearing and appellant was directed to deposit the requisite security and process fee within a week but she failed to deposit the same and filed an application for extension of time on the ground that due to earthquake, the needful could not be done---Validity---Service Tribunal, in the given circumstances, should have extended the time for depositing the requisite security and process fee---Harsh order which deprived the party from right of access to justice could not be passed until and unless the circumstances so compelled the court and left it with no other alternative due to conduct of the party---Supreme Court accepted the appeal, set aside the impugned order of Service Tribunal and remanded the case for deciding the same on merits after hearing the parties.

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