Law:

Section:

Punjab Subordinate Judiciary Service Tribunal Act (XII of 1991)---S. 5(b)---Constitution of Pakistan, Art. 185(3)---Personal misconduct committed by a Judge---Scope---Benefit of promotion and consequential financial relief refused to Judge due to his unsatisfactory service record---Inquiry Committee found that District and Sessions Judge ("Judge") (petitioner) was guilty of obtaining an ex parte decree regarding disputed property against all legal norms and when such decree was set aside by the High Court, he remained in possession of the property, and that he did not disclose such property in any of his declaration of assets---Inquiry Committee recommended imposition of major penalty of compulsory retirement---High Court agreed with findings of inquiry committee---Request of Judge for retirement from service was thus accepted and he was retired from service and disciplinary proceedings against him were dropped---Subsequently a notification was issued through which 21 District and Sessions Judges were granted Selection Grade (BS-21) whereas Judge in question was ignored despite being senior most of them---Representation filed by Judge before High Court was rejected and his appeal before Service Tribunal was also dismissed on the grounds that he could not be given benefit of the notification due to his unsatisfactory service record, and even otherwise in view of S.5(b) of Punjab Subordinate Judiciary Service Tribunal Act no appeal was allowed before the Tribunal against a decision of departmental authority determining the fitness of a person for promotion---Validity---Judge in question was the most senior Judge of the District and he malafidely and without giving a thought to his status retained possession of disputed property even after ex parte decree obtained by him was set aside by the High Court and his suit was dismissed upon remand---Judge retained possession of disputed land and made no effort either to settle the matter with the owner of property or conversely have the mutation based upon such ex parte decree cancelled---Such conduct could not be expected of a judicial officer who himself was responsible for adjudicating the rights of others---High…

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