Law:

Section:

(a) Punjab Subordinate Judiciary Service Tribunal Act (XII of 1991)--- ----S. 6(2)---Constitution of Pakistan, Art. 185(3)---Punjab Subordinate Judiciary Service Tribunal ("Tribunal"), powers of---Scope---Appeal filed before the Tribunal---Tribunal sending the case back to the Departmental Authority for decision afresh after de novo enquiry---Legality---Petitioner contended that the Tribunal hearing an appeal had limited powers in view of the provisions contained in S. 6 of the Punjab Subordinate Judicial Service Tribunal Act, 1991, to confirm, set aside, vary or modify the order appealed against, but it could not send the case back to the Departmental Authority for decision afresh after de novo enquiry---Validity---Section 6(2) of Punjab Subordinate Judiciary Service Tribunal Act, 1991, clearly provided that the Tribunal shall, for the purpose of deciding any appeal, be deemed to be a civil court and shall have the same powers as were vested in such court under the Code of Civil Procedure --- Where the legislature in its wisdom had conferred on the Tribunal all the powers as were vested in the civil court, the contention of the petitioner was not correct--- No interference was required in the order passed by the Tribunal--- Petition for leave to appeal was dismissed accordingly and leave was refused---Abdul Khaliq, Primary Teacher, Primary School Rajkot, Tehsil and District Muzaffarabad v. Zaheer Ahmed and 4 others 2000 PLC (C.S.) 706 per incuram. Abdul Khaliq, Primary Teacher, Primary School Rajkot, Tehsil and District Muzaffarabad v. Zaheer Ahmed and 4 others 2000 PLC (C.S.) 706 per incuram. (b) Jurisdiction--- ----Court/Tribunal---Implied powers---Where a statute conferred a jurisdiction on a court or tribunal it also conferred by implication the powers which were reasonably incidental and ancillary to effective exercise of jurisdiction. ORDER EJAZ AFZAL KHAN, J.---This petition for leave to appeal has arisen out of the judgment dated 16-1-2015 of the Punjab Subordinate Judiciary Service Tribunal, Lahore whereby it allowed the appeal filed by the petitioner, set aside the impugned finding against him and sent the case back for decision afresh after…

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