MUMTAZ UDDIN SHAIKH vs CHIEF POST MASTER, GPO, HYDERABAD S — 2024 SCMR 1675 SUPREME-COURT

Case information

Citation: 2024 SCMR 1675 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: SCMR
Parties: MUMTAZ UDDIN SHAIKH vs CHIEF POST MASTER, GPO, HYDERABAD S
Subject matter: Criminal
Provisions referred to: S. 4---L; S. 3---C; Limitation Act (IX of 1908)

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

MUMTAZ UDDIN SHAIKH VS CHIEF POST MASTER, GPO, HYDERABAD S. 4---Limitation Act (IX of 1908), S. 3---Constitution of Pakistan, Art. 212(3)---Civil service---Dismissal from service---Departmental and criminal proceedings---Acquittal in criminal case---Effect---Delay in approaching Service Tribunal---Petitioner/civil servant was dismissed from service on the allegations of misconduct, inefficiency and corruption---Petitioner/civil servant sought his reinstatement in service on the plea of his acquittal in criminal case---Validity---Criminal proceedings address allegations of criminal conduct and determine legal culpability, while departmental proceedings are connected with matters of service discipline and conduct---Results of a criminal case do not necessarily impact issues related to departmental responsibilities and discipline---Delay in invoking lawful remedy by person or entity that was sleeping over their rights may be denied---Appeal of petitioner/civil servant, after his acquittal in criminal case was barred by time and he failed to justify such delay---Service Tribunal was correct in dismissing appeal of petitioner/civil servant on both grounds of limitation as well as merits, as his conduct throughout the proceedings had been questionable---Supreme Court declined to interfere in judgment passed by Service Tribunal, as it was well-reasoned and had considered all legal and factual aspects of the matter---Petition for leave to appeal was dismissed and leave was refused.

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