| Citation(s) |
|---|
| 2015 SLG 1238 2015 SLD 1238 2015 PLJ 833 |
Supreme Court of Pakistan
C.As. Nos. 1171 to 1192 of 2013, decision Dated: 11.05.2015.Hearing Date : 24.02.2015. (On appeal from the judgmentDated 26.8.2013 of the KPK Subordinate Service Tribunal,Peshawar passed in Service Appeals No. 2/2009, 1, 4, 5, 7,8, 6, 9, 10, 11, 13, 1
MIAN SAQIB NISAR, JUSTICE, EJAZ AFZAL KHAN, JUSTICE, UMAR ATA BANDIAL, JUSTICE
Qazi Muhammad Anwar, Sr. ASC and Syed Rifaqat Hussain Shah, AOR for Appellant (in C.As. Nos. 1171 to 1176, 1181 to 1188/2013).Mr. Farooq H. Naek, Sr. ASC and Syed Rifaqat Hussain Shah, AOR for Appellants (in C.As. Nos. 1178 & 1189/2013).Mr. Muhammad M
C.As. Nos. 1171 to 1192 of 2013, decision Dated: 11.05.2015.Hearing Date : 24.02.2015. (On appeal from the judgmentDated 26.8.2013 of the KPK Subordinate Service Tribunal,Peshawar passed in Service Appeals No. 2/2009, 1, 4, 5, 7,8, 6, 9, 10, 11, 13, 1
MIAN SAQIB NISAR, JUSTICE, EJAZ AFZAL KHAN, JUSTICE, UMAR ATA BANDIAL, JUSTICE
Qazi Muhammad Anwar, Sr. ASC and Syed Rifaqat Hussain Shah, AOR for Appellant (in C.As. Nos. 1171 to 1176, 1181 to 1188/2013).Mr. Farooq H. Naek, Sr. ASC and Syed Rifaqat Hussain Shah, AOR for Appellants (in C.As. Nos. 1178 & 1189/2013).Mr. Muhammad M
REGISTRAR, PESHAWAR HIGH COURT & OTHERSVS SHAFIQ AHMAD TANOLI AND OTHERS
Law:
Section:
Civil Servants Act, 1973 (LXXI of 1973)-- ----S. 5--K.P.K (Appointment, Promotion and Transfer) Rules, 1989--Rr. 4 & 10--Judicial officers--Method of appointment, recruitment, seniority and matters ancillary--Appointing authority for a civil post and authority determining inter se seniority of members of service shall be High Court and not Chief Justice. Punjab Courts Act, 1914 (III of 1914)-- ----Preamble--It also provided for exercise of any of powers of said Court by one or more of its Judges. Administrative and Executive Work of High Court-- ----Administration Committee--Distinction between administrative and statutory matters and nature of decision--In statutory matters decision of Chief Justice cannot override decision of administration committee--Administrative and executive work shall be controlled by an administration committee of Judges; that administration committee shall consist of four Judges; that in all matters of administration committee at least two will form a quorum; that if any member of administration committee is not available, work assigned to him will be disposed of by Senior Puisne Judge and in case Senior Puisne Judge is not available, by Chief Justice and that each member of administration committee shall act as an administration judge and powers and duties of each administration judge. K.P.K Judicial Service Rules, 2001-- ----Rr. 5 & 10--K.P.K. Civil Servants Act, 1973, S. 8--High Court Rules and Order--R. 16(ii) Judicial officers--Administrative and executive work of High Court, controlled by administration committee--Disciplinary action against Distt. & Sessions Judges and sub-ordinate judge--Question of--Whether appointment of members of Distt. Judiciary and determination of seniority is administrative or statutory responsibility of High Court--Validity--Chief Justice cannot do anything on his own in scheme of Rules of 2001 and High Court Rules and Orders--Therefore, any decision taken by Administration Committee shall be binding on Chief Justice. THIS JUDGMENT DELIVERED BY: Ejaz Afzal Khan, J.- These appeals with leave of the Court have arisen out of the judgment dated 26.8.2013 of the KPK Subordinate Judiciary…