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FEDERATION OF PAKISTAN versus FAZAL KHAN AKHTAR


Article 212 (3) Appeal for leave to appeal for 31 days delayed decision The fact is that the applicant government was involved in matters requiring immediate attention and therefore urgent matter is under consideration. Whether an appeal should be filed, cannot be. One of the reasons for the delay was time-barred

1984 S C M R 1288

Present: Muhammad Haleem, C.J., Shafiur Rahman and M.S.H.Quraishi, JJ

FEDERATION OF PAKISTAN‑‑Petitioner

Versus

Rao FAZAL KHAN AKHTAR and another‑‑Respondents

Civil Petition No.676‑R of 1983, decided on 30th April, 1984.

(On appeal from the Judgment and order dated 12‑4‑1983 passed by the Federal Service Tribunal, Islamabad, in Appeal No.97(R) of 1980).

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 212(3)‑‑Petition for leave to appeal barred by 31 days‑‑Condona tion of delay‑‑Fact that petitioner‑Government was attending to matters needing immediate attention and for that reason instant matter remained pending for consideration as to whether an appeal should be filed‑‑Held, cannot be a reason for condonation of delay‑‑Petition dismissed as barred by time.

Munir A. Shaikh, Deputy Attorney‑General and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner.

Muhammad Asiam Jan Advocate‑on‑Record for Respondents.

Date of hearing: 30th April, 1984.

ORDER

Muhammad Haleem, C.J

.‑‑ This petition is barred by 31 days. An application has been filed for the condonation of delay, and therein what is stated is that the Government was attending to matters needing immediate attention, and for this reason this matter remained pending for consideration as to whether an appeal should be filed. This cannot at all be a reason for the condonation of delay when the Government had 60 clear days to take a decision for the filing of the appeal if the point decided by the Tribunal was of some public importance as contended by the learned Deputy Attorney‑General. Accordingly, there was failure on the part of the petitioner to explain the delay of 31 days and the petition is, therefore, liable to be dismissed, which we do so as being barred by time.

S . Q . Petition dismissed.

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