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ISLAMABAD, Oct 23 (APP):The Supreme Court of Pakistan has ruled that service tribunals cannot dismiss a government employee’s appeal solely on grounds of delay. They must assess the reasons for delay, review the departmental authority’s decision, and rule in accordance with the law.
A five-member bench comprising Justice Munib Akhtar, Justice Ayesha A. Malik, Justice Aqeel Ahmed Abbasi, Justice Muhammad Shafi Siddiqui, and Justice Mian Gul Hasan Aurangzeb announced the verdict. The judgment, authored by Justice Ayesha A. Malik, resolved conflicting decisions issued by different service tribunals across the federation and provinces.
The issue originated from a 2006 appeal questioning whether a tribunal could automatically reject a delayed departmental appeal. Following the Usman Ali Chhachhar case (2019 SCMR 2043), the matter was referred to a larger bench to clarify legal inconsistencies. Senior lawyers Shahid Anwar Bajwa and Abdul Rahim Bhatti assisted the court as amicus curiae.
The court held that departmental authorities have the power to condone delays if reasonable causes or unavoidable circumstances are proven. Tribunals must ensure this discretion is exercised properly rather than dismissing cases outright, as doing so would deny employees fair redress.
The judgment noted that while departmental appeals must generally be filed within 30 or 60 days, the rules permit relaxation where justified. Although the Limitation Act, 1908 does not directly apply to service matters, the principle of condonation exists within service laws.
The court identified two frameworks: (1) Withholding Framework — in the federation and Punjab, where appeals may be withheld pending explanation of delay; and (2) Condonation Framework — in Sindh, KP, and Balochistan, where delay may be excused.
The court stressed it was setting a legal principle, not deciding individual cases.