Asim Akram, Member. Through the titled miscellaneous petition the petitioner (Respondents No. 1, 2 and 4) have prayed for transfer of the titled appeal as well as Appeal Number 15(K)CS of 2023 titled Muhammad Kaleem vs Secretary, Defence and another from Tribunal's Karachi Camp Office to Islamabad. The petitioners have contended that five appeals with identical question of law and facts are pending before this Tribunal at Islamabad and to avoid conflicting judgments the titled appeal as well as Appeal Number 15(K)CS of 2023 be transferred to the principal seat of the Tribunal.
2. The respondents/appellant, Ajmal Khan, through his reply has contended that he is posted at Karachi and also resides there. He has further contended that it would be inappropriate for him to travel to Islamabad for pursuing his case as he is unable to bear the traveling expenses.
3. Arguments heard; record pursed.
4. The Federal Service Tribunal is a special forum constituted under Article 212 of Constitution of Pakistan, 1973 to adjudicate upon matter relating to the terms and conditions of Civil Servants. The primary objective establishment to the Tribunal is to provide independent and autonomous forum for adjudication of disputes relating to the conditions of service of the persons in the Service of Pakistan. The Tribunal is headquartered in Islamabad and has two Camp Offices in Lahore and Karachi, established at different cities to facilitate the litigants. The Benches at headquarter and the camp offices are presided over by competent Members duly appointed by the President of Pakistan who are competent to decide the issues before them independently.
5. The provisions of Sections 20 to 24A of the Code of Civil Procedure, 1908 are applied specifically on the transfer of suit where the cause of action arises but there is no stricto sensu rule for transfer of appeals from Camp Offices to Headquarter or vice versa on the ground of appeals on same matter of law. The Supreme Court of Pakistan has issued a Circular dated 17-08-2022 describing transfer of cases from Branch Registries to Principal Seat, Islamabad whereby in cases against the same judgment some cases are filed at different stations. The same may be transferred to Principal Seat, Islamabad, without obtaining any prior approval, after providing Video Link facility at the Branch Registries also.[1] In the titled petition the ground is involving similar question of law and fact. The appeals are not against same judgment neither the Tribunal has video link facility available with it.
6. The plaintiff (appellant) as dominos litis has a right to choose the Court and the defendant cannot demand that the suit be tried in any particular Court convenient to him. The mere convenience of the parties or any one of them may not be enough for the exercise of power but it must also be shown that trial in the chosen forum will result in denial of justice. Cases are not unknown where a party seeking justice chooses a forum most inconvenient to the adversary with a view to depriving that party of a fair trial.[2] The sole ground raised in the titled petition is presumption of conflicting judgments which cannot be a sufficient ground of transfer of litigation from one bench to another. A judgment, either way, by a competent Court of law does not amounts to denial of justice; that too when the parties have remedy to challenge it before the higher forum.
7. The appellant in the titled appeal is a School Teacher in BS-17 posted at F.G Public School, Manora, Karachi and it would be an expensive journey for him to attend the Tribunal proceeding at Islamabad and re-engage the services of a competent lawyer. The transfer of the titled appeal to headquarter at Islamabad would be an expensive isometric exercise and by doing so, the concept of easy and swift justice would be lost.
8. Before parting with the order, it would be appropriate to draw the attention of the petitioner towards the issue that in the titled Miscellaneous Petition, transfer of two separate appeals has been prayed for. As per the procedure, they had to file separate transfer application for transfer of separate appeals.
9. For the reasons given above, the Petition at hand carries no weight and is hereby dismissed.
Parties be informed.
1. Circular. No. DR. (1)12022-SCJ dated August 17, 2022.
2. Dr. Subramaniam Swamy vs. Ramakrishna Hedge (1990 AIR 113).