Service Appeals and Limitation Issues

In Rao Muhammad Rashid and others vs. Province of Sindh through Chief Secretary and others (2024 SCP 309), the Supreme Court of Pakistan addressed multiple civil petitions filed by employees of the Sindh Education and Literacy Department challenging their dismissal from service. The petitions questioned the Sindh Service Tribunal's orders, which had dismissed the employees' appeals on the grounds that their departmental appeals were time-barred. The Supreme Court examined whether the issue of limitation was properly addressed and whether the Tribunal’s dismissal of appeals without hearing the parties was justified.

Background:

The petitioners were appointed to various posts, such as Sindhi Language Teachers, Arabic Language Teachers, and others, under the Sindh Education Department. Following scrutiny of their appointments by a specially constituted committee, several appointments were declared invalid, leading to their dismissal. The petitioners contended that their dismissals were wrongful and approached the Sindh Service Tribunal after their departmental appeals were dismissed. The Tribunal, however, ruled that the appeals were barred by limitation and dismissed them without issuing notices to the department or conducting a detailed inquiry.

Key Issues:

Time Bar on Departmental Appeals: Whether the service appeals were time-barred due to late filing of departmental appeals and if the Tribunal correctly dismissed the appeals on these grounds.

Requirement of Detailed Examination by Tribunal: Whether the Tribunal was required to scrutinize the specific dates of filing and the reasons for delay, particularly given that each appeal involved different circumstances and dates of filing.

Procedural Fairness in Service Tribunals: Whether the Tribunal should have issued notices and allowed a detailed factual investigation before dismissing the appeals in limine.

Court's Analysis:

Issue of Limitation: The Supreme Court found that the Tribunal had dismissed the appeals based on a blanket application of the limitation rule without properly examining the individual facts of each case. The Court emphasized that in cases involving questions of limitation, it is essential to assess the starting point for the limitation period and whether any delays were justified based on the petitioners' receipt of dismissal orders.

Mixed Questions of Law and Fact: The Court held that the issue of whether the appeals were time-barred was a mixed question of law and fact, requiring a detailed factual examination. The Tribunal had a duty to scrutinize the specific dates when departmental orders were received and when the appeals were filed to ascertain whether there were valid grounds for condoning the delay.

Procedural Fairness and Right to Hearing: The Supreme Court criticized the Tribunal for dismissing the appeals without issuing notices or allowing the department to respond. The Court reiterated that procedural fairness demands that parties be given a fair opportunity to present their cases, especially in matters involving termination of employment.

Court's Conclusion: The Supreme Court allowed the petitions, setting aside the impugned orders of the Sindh Service Tribunal. The cases were remanded to the Tribunal with directions to conduct a detailed inquiry into each petitioner's case, considering all relevant facts, including the timing of the appeals and the reasons for any delay. The Tribunal was instructed to provide a fair hearing to both parties before making a fresh decision.

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