COVID-19 Lockdown and Limitation

The Supreme Court of Pakistan, in the case Rafaqat Ali vs. Chief Secretary, Government of Punjab (2024 SCMR 34), dealt with critical issues surrounding the dismissal of a civil servant’s appeal by the Punjab Service Tribunal on the grounds of limitation. The case involved the compulsory retirement of Rafaqat Ali from service by the Technical Education & Vocational Training Authority (TEVTA) and the subsequent legal challenges he faced in seeking redress.

Background:

Rafaqat Ali, a civil servant originally appointed in the Punjab Education Department, was transferred to TEVTA. He was later subjected to disciplinary proceedings for allegedly harassing male students, resulting in his compulsory retirement from service on 18.02.2020. Ali filed a departmental appeal with the Chairman of TEVTA on 26.02.2020, but the appeal remained undecided until 30.11.2020. During this period, Ali also filed a representation before the Chief Secretary, Government of Punjab, which was not resolved.

Ali approached the Punjab Service Tribunal on 16.06.2020, but his appeal was dismissed on the ground that it was filed 20 days after the prescribed period under Section 19(2) of the Punjab Employees Efficiency, Discipline and Accountability Act, 2006 (PEEDA Act). The Tribunal’s dismissal was predominantly based on the issue of limitation, without fully considering the impact of the COVID-19 lockdown on the delay.

Key Issues:

Jurisdiction and Competent Authority: Whether Ali, as a civil servant, correctly filed his appeal with the Chief Secretary, Government of Punjab, or if the Chairman of TEVTA was the appropriate appellate authority.

Impact of COVID-19 Lockdown: Whether the Tribunal adequately considered the implications of the COVID-19 lockdown on the statutory period for filing appeals, and if any relaxation of the limitation period was justified.

Right to Fair Hearing: Whether the inquiry and disciplinary proceedings against Ali were conducted in accordance with legal standards, particularly concerning his right to a fair defense, including cross-examination of witnesses under Article 10A of the Constitution of Pakistan.

Court’s Analysis:

Jurisdiction and Competent Authority: The Supreme Court noted that the Tribunal had failed to address the crucial issue of which authority was competent to hear Ali’s departmental appeal. The court emphasized that Ali, being a civil servant under Section 26 of the TEVTA Act, had the right to file his appeal with the Chief Secretary, Government of Punjab. The court highlighted the importance of determining the correct appellate forum before dismissing the appeal on technical grounds such as limitation.

Impact of COVID-19 Lockdown on Limitation: The Supreme Court criticized the Tribunal for not considering the effect of the COVID-19 pandemic on the statutory limitation period. The court suggested that the lockdown could have justified a relaxation of the limitation period, and any relevant notifications or orders issued during the pandemic should have been taken into account. The court remanded the case back to the Tribunal, instructing it to reassess the limitation issue in light of these factors.

Right to Fair Hearing: Although not the primary focus of the Supreme Court’s decision, the court acknowledged Ali’s contention that the disciplinary proceedings lacked adherence to procedural fairness, particularly regarding his right to cross-examine witnesses. The court implied that these concerns should be thoroughly examined by the Tribunal upon remand.

Court’s Conclusion: The Supreme Court allowed the appeal, setting aside the Tribunal’s order and remanding the case for a fresh decision. The court instructed the Tribunal to address the key issues of jurisdiction, the impact of the COVID-19 lockdown on the limitation period, and the procedural fairness of the disciplinary proceedings. The Tribunal was directed to resolve the matter within 60 days.

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