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PLJ 2004 SC 437

MUHAMMAD IQBAL CHAUDHRY and another's vs SECRETARY

CitationPLJ 2004 SC 437
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos, 3837-L and 3840-L of 2002
Date2004-02-23
Judge(s)Iftikhar Muhammad Chaudhry, Rana Bhagwan Das
ResultAppeals allowed

Iftikhar Muhammad Chaudhry, J.--These petitions have been filed for leave to appeal against the judgment dated 13th September 2002 passed by Federal Service Tribunal, Islamabad, whereby appeals filed by petitioners have been dismissed.

2. There is no need to marshal the facts of the case in detail because with the assistance of learned counsel for the parties while going through the impugned judgment we have noted that Service Tribunal had not dilated upon the respective contentions of the parties' counsel put forward before it and had decided the cases by just making general remarks about the conduct of the petitioners.

3. It may be noted that the forums seized with the judicial matters are required to pass such a speaking judgment that it should give an impression to readers that the legal and factual aspects of the case which a were raised before it for the purpose of decision have been considered and decided in the light of recognised principles of law on the subject instead of disposing of in slip shod manner.

4. We have noted with great concern that in instant cases although he pleadings of the parties had been reproduced through and through but the contentions of the parties and the points on which they were resting their cases were not taken into consideration at all. Be that as it may, in these circumstances, both the sides stated that instead of allowing the petitions to remain pending on the file, if leave is granted, the cases may be remanded to the Service Tribunal for fresh decision after providing opportunity of hearing to all concerned, keeping in view the observations made herein in above.

Thus for the foregoing reasons, petition are converted into appeals and allowed. Cases are remitted to the Service Tribunal for expeditious disposal as far as possible within a period of three months preferably.

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