Rao MUHAMMAD RASHID vs PROVINCE OF SINDH Procedural law — 2024 PLC(CS) 1349 SUPREME-COURT

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Rao MUHAMMAD RASHID VS PROVINCE OF SINDH Procedural law---Scope---Procedure is a mere device with the object to facilitate and not to obstruct the administration of justice, therefore, to advance the cause of justice, any technical construction of law or rules that leaves no room for reasonable elasticity of interpretation should be guarded against and any construction which reduces the statute to a futility must be avoided. Citation Name: 2024 PLC(CS) 1349 SUPREME-COURTBookmark this Case Rao MUHAMMAD RASHID VS PROVINCE OF SINDH Rr. 8(b), 11 & 12---Sindh Service Tribunals Act (XV of 1973), S.5---Departmental appeal, filing of---Limitation, issue of---In the case at hand, all the service appeals were dismissed in limine on the ground that departmental appeals were time barred---Officials of the (employer) department present in court on their tentative assessment of the record submitted that certain departmental appeals were filed within time but they needed to thrash out the entire record which could not be done at the Tribunal stage because neither any notice was issued nor any comments were filed to handle each petitioner/ appellant individually, but the petitioners were non-suited in limine---In these peculiar circumstances of the case, such factual controversy could not be decided summarily, and in order to thrash out the assertion that departmental appeals were preferred-within time, notice to the department ought to have been issued for proper adjudication and verification by the department in each case regarding the exact dates of the different impugned departmental orders, receiving date of such orders by the petitioners, filing of departmental appeals/representations, decision of departmental appeals conveyed individually, if any, and finally, the date of filing service appeals by individuals for which painstaking scrutiny was required by the Tribunal as a first judicial fact-finding forum---Question of limitation apparently in this case did not seem to be in the plainest or purest form but on the face of it, emerged as a mixed question of law and fact which had congregated certain factual controversies that were neither based on facts virtuously nor unreservedly grounded in the law, thus required both legal and factual appraisal and exploration for the proper determination of the appeals---Petitions for leave to appeal were converted into appeals and allowed, the impugned orders of the Tribunal were set aside to the extent of present petitioners, and the matter was remanded to the Tribunal to consider all relevant questions afresh and decide the service appeals of the present petitioners in accordance with the law after affording a fair opportunity of hearing to the parties.

Rao MUHAMMAD RASHID vs PROVINCE OF SINDH Procedural law — 2024 PLC(CS) 1349 SUPREME-COURT

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