Law:

Section:

Punjab Service Tribunals Act (IX of 1973)-------S. 4---Constitution of Pakistan, Art. 212(3)---Promotion order, recalling of---Such order was alleged by department to have been procured fraudulently---Dismissal of appeal by Service Tribunal on basis of report of Inquiry to the effect that appellant had failed to establish his promotion order having been passed by Departmental Promotion Committee---Plea of appellant that such inquiry was not legal as Members of Promotion Committee having considered working paper with regard to promotion of appellant were not examined during inquiry---Validity---Inquiry report did not clearly show whether Members of Promotion Committee were examined by Inquiry Officer or not---Supreme Court set aside impugned and directed Secretary of the Department to constitute Inquiry Committee in terms of statement made by Law Officer and ensure conclusion of enquiry within specified time. Aliya Neelam, Advocate Supreme Court, Naveed Sh. Advocate Supreme Court and Tasneem Amin, Advocate-on-Record for Petitioners. Jawad Hassan, Additional A.G. along with Dr. Khalid Pervez Kh., Distt. Officer Health, Farooq Amjad Nasir, Office Supdt. EDO Health Office, Mandi Bahauddin on Court's Call. Date of hearing: 27th May, 2011. ORDER TASSADUQ HUSSAIN JILLANI, J.---This order shall dispose of Civil Petitions Nos. 646-L, 647-L and 648-L of 2010 as the issue raised is common and they have challenged a consolidated. judgment of the learned Service Tribunal vide which the three appeals of the petitioners were dismissed on the ground that their promotion orders as CDC Supervisor and Tehsil Sanitary Inspector dated 14-7-2007 (in Civil Petition No. 646-L of 2010), dated 25-7-2007 (in Civil Petition No.647-L of 2010) and dated 12-7-2007 (in Civil Petition No. 648-L of 2010) were procured fraudulently. In dismissing the appeals, the learned Service Tribunal inter alia relied on the report of the Inquiry Committee to the effect that during the said inquiry, the petitioners miserably failed to prove that their promotion orders were passed by the Departmental Promotion Committee. 2. Learned…

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