Law:

Section:

(a) Civil service---Allotment of house, cancellation of---Non-serving of notice to civil servant---Effect---Civil servant (petitioner) was allotted subject house and was in its possession since 13-01-2001---Said allotment was cancelled by the concerned authorities on 10-7-2012 after a complaint was received concerning the said house---Inquiry was conducted and a notice was allegedly served on the civil servant by inserting the same through the closed door of the house as it was found locked---Civil servant contended that allotment of the house was cancelled without any prior notice to him and without hearing him---Validity---Concerned authority admitted that notice was never served on civil servant and he was not granted prior hearing either---Notice that had allegedly been inserted through the closed door of the subject house was not addressed to any person---Other notices issued to the civil servant also remained unserved---Concerned authorities were directed to handover possession of subject house to civil servant and to inquire into the matter and proceed against the delinquent officials in terms of the relevant law and rules. Per Mian Saqib Nisar, J; agreeing with Tassaduq Hussain Jillani, J (b) Appeal--- ----Appeal, right of---Scope---Right to appeal before a court of law was a right specifically conferred upon a litigant or an aggrieved party (affected person with the leave of the court if not a party to the lis) by law---Right to appeal could only be exercised strictly in the manner and before the forum as was specified/stipulated by law. (c) Law Reforms Ordinance (XII of 1972)--- ----S. 3---Intra-court appeal, right of---Scope---Right to file Intra-court appeal was not an unqualified or absolute right---Under S.3(1) of Law Reforms Ordinance, 1972 an Intra-court appeal lay only against a decree or a final order of the Single Judge of the High Court, and that too if it was passed in the exercise of its 'original civil jurisdiction'---According to S.3(2) of Law Reforms Ordinance, 1972 right to file Intra-court appeal was confined to those orders of the Single Judge of High Court which were passed under Art.199(1) of the Constitution, while an order passed…

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