| Citation(s) |
|---|
| 2004 SLG 2891 2004 SLD 2891 2004 PLD 191 |
Supreme Court of Pakistan
Civil Appeal No. 8 of 2002 with Criminal Original No. 49 of 2002, Civil Appeals Nos. 633, 634, 173 of 2002, 1447 of 1998, 1621, 1622 of 1999, 336 to 338 of 2002, 1004, 1005, 1187, 1188 of 2002 and 13 of 2000, decided on 4th December, 2003. dates of hearin
QAZI MUHAMMAD FAROOQ, ABDUL HAMEED DOGAR AND SARDAR MUHAMMAD RAZA KHAN, JJ
Ch. Fazal Hussain, Malik Muhammad Qayyum, Shakut Ali Mehr, Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record (absent) for Appellant (in C.As.8 with Cr.0.49 & 633, 634 and 173 of 2002). Tatlat Farooq Sheikh, Advocate Supreme Court and MehmoodulIs
Civil Appeal No. 8 of 2002 with Criminal Original No. 49 of 2002, Civil Appeals Nos. 633, 634, 173 of 2002, 1447 of 1998, 1621, 1622 of 1999, 336 to 338 of 2002, 1004, 1005, 1187, 1188 of 2002 and 13 of 2000, decided on 4th December, 2003. dates of hearin
QAZI MUHAMMAD FAROOQ, ABDUL HAMEED DOGAR AND SARDAR MUHAMMAD RAZA KHAN, JJ
Ch. Fazal Hussain, Malik Muhammad Qayyum, Shakut Ali Mehr, Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record (absent) for Appellant (in C.As.8 with Cr.0.49 & 633, 634 and 173 of 2002). Tatlat Farooq Sheikh, Advocate Supreme Court and MehmoodulIs
Ch. SHABBIR HUSSAIN and others
VS
REGISTRAR, Lahore HIGH COURT, Lahore and others
Law:
Section:
(a) Punjab Subordinate Judiciary Service Tribunals Act (XII of 1991)--- ----S. 5---Constitution of Pakistan (1973), Art.212(3)---Adverse entry in Annual Confidential Report---Effect---Contention raised by the Judicial. Officer; was that adverse entry in his Annual Confidential Report was not based upon any material against him and it was further contented that the representation against the adverse remarks was. heard by seven Judges of High Court constituting ft Administration Committee, while appeal was heard by three Judges who could not have decided against the decision of the Administration Committee, therefore, the appeal lost its significance--Judicial Officer also contended that the Annual Confidential Report pertaining to the period from 1-1-1999 to 31-12-1999 was completed in September, 2000 and adverse remarks were communicated to him after a delay of more than 1 year and thus the adverse entry could not be taken into consideration---Leave to appeal was granted by Supreme Court to consider the contentions of the Judicial Officer. Chief Secretary, Government of Punjab, Lahore and 2 others v. Muhammad Saeed Zafar 1999 SCMR 1587; Ch. Saeed Ahmed v. Federation of Pakistan through Secretary, Finance Division, Islamabad and 2 others 1996 SCMR 256; Rana Abdul Ghaffar Khan v. The Punjab Government 1989 SCMR 1238 and Syed Tathir Hussain Shirazi v. The Government of the Punjab and others 1990 SCMR 1510 ref. (b) Punjab Subordinate Judiciary Service Tribunals Act (XII of 1991)-- ----S. 5---Constitution of Pakistan (1973), Art.212(3)---Leave to appeal was granted by Supreme Court to consider whether or not formalities, as laid down by Supreme Court in the case titled Noor Elahi v. Director of Civilian Personnel reported as 1997 SCMR 1949 were observed. Noor Elahi v. Director Civilian Personnel 1997 SCMR 1749 ref. (c) Punjab Subordinate Judiciary Service Tribunals Act (XII of 1991)--- ----S. 5---Constitution of Pakistan (1973), Art.212(3)---. Leave to appeal was granted by Supreme Court to consider whether it was open to Service Tribunal to accept appeal of Judicial Officers relating to adverse remarks recorded by Inspection Judge of the High Court/Countersigning…
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