ABDUL QUDOOS vs COMMANDANT FRONTIER CONSTABULARY, KHYBER PAKHTUNKHWA, PESHAWAR S

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ABDUL QUDOOS VS COMMANDANT FRONTIER CONSTABULARY, KHYBER PAKHTUNKHWA, PESHAWAR S. 4(1)---Constitution of Pakistan, Art. 199---Constitution petition filed by employee of Frontier Constabulary (F.C.) remitted to the Service Tribunal after consent of both parties---Service Tribunal, jurisdiction of---Scope---After the petitioner [employee of Frontier Constabulary (F.C.)] filed a writ petition in the High Court, the High Court remanded the matter to the Service Tribunal with the direction that the writ petition filed before the High Court shall be treated as a service appeal pending before it, which will be decided after issuing notices to the parties concerned in accordance with law---Counsel for the parties by consent agreed that the pending writ petition may be remitted to the Tribunal for decision and finally, the High Court in view of the dictum laid down in the case of Muhammad Anis and others v. Abdul Haseeb and others (PLD 1994 SC 539), observed that the petitioner had already filed the departmental appeal before filing the writ petition, therefore, with the consent of counsel for the parties, the matter was sent to the Tribunal for further adjudication subject to all just and legal objections, including limitation---In view of the directions of the High Court which were binding upon the Tribunal, neither the petitioner was required to file any application for resurrection of the earlier disposed of appeal by the Tribunal on the ground of jurisdiction, nor the Tribunal could dismiss the application on the ground of limitation---As a matter of fact, only the memo of writ petition filed in the High Court was to be transmitted to the Tribunal for decision on merits, but the Tribunal without proper application of mind dismissed the restoration application, rather than asking for a copy of the writ petition from the petitioner or requisitioning the Registrar, High Court for a copy of the writ petition for further proceedings---Petition for leave to appeal was converted into an appeal and allowed; the impugned order of the Tribunal was set aside with the directions that the Registrar, High Court shall transmit a certified copy of the relevant writ petition along with its annexures to the Tribunal within 10 days which will be treated as a Service Appeal or, alternatively, the petitioner may submit a complete certified true copy of the said writ petition in the Tribunal; that after receiving a copy of the writ petition the Tribunal shall decide the appeal in accordance with law and applicable rules after notice and opportunity of hearing to the parties.

ABDUL QUDOOS vs COMMANDANT FRONTIER CONSTABULARY, KHYBER PAKHTUNKHWA, PESHAWAR S — 2023 SCMR 334 SUPREME-COURT

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