The SECRETARY/CHAIRMAN RAILWAYS, GOVERNMENT OF PAKISTAN, MINISTRY OF RAILWAYS, ISLAMABAD vs TARIQ MANSOOR

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The SECRETARY/CHAIRMAN RAILWAYS, GOVERNMENT OF PAKISTAN, MINISTRY OF RAILWAYS, ISLAMABAD VS TARIQ MANSOOR. arts.37(d) & 212(3)---Employment cases---Remanding of cases---Supreme Court's view viz remanding the matters on issues not addressed by lower forums. "Remand" is not an automatic judicial reflex, it is a judicial instrument to be employed only when justice so demands, not as a matter of routine. A case may properly be remanded to a lower forum where material facts remain undetermined, procedural fairness has been compromised, or essential evidence has not been duly examined, situations in which the appellate Court cannot itself do complete justice. The purpose of remand is corrective, not dilatory; it serves to secure a just adjudication, not to prolong litigation. Yet, the power to remand must be exercised with circumspection and restraint. Where the factual matrix is complete, the issues are purely legal, or the appellate record permits a final determination, the appellate Court ought to decide the matter itself. To remand in such circumstances is to sacrifice substance at the altar of form and to delay justice in the name of process. The restraint against unnecessary remand finds its rationale in the principle of judicial economy, a foundational tenet of modern adjudication that obliges courts to avoid duplication of proceedings, promote finality, and conserve judicial time. It embodies the constitutional command for expeditious justice under Article 37(d) of the Constitution, ensuring that litigation does not get trapped in repetitive procedural rounds. Judicial economy thus demands that appellate courts decide, not defer, where the record enables them to do so, for justice delayed is justice denied.

The SECRETARY/CHAIRMAN RAILWAYS, GOVERNMENT OF PAKISTAN, MINISTRY OF RAILWAYS, ISLAMABAD vs TARIQ MANSOOR — 2026 SCMR 807 SUPREME-COURT

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