Law: Punjab Subordinate Judiciary Service Tribunal Act, 1991

Section: 5

(a) Punjab Subordinate Judiciary Service Tribunal Act (XII of 1991)--- --------S. 5---Judicial officer---Advertisement for recruitment of staff for Court Office---Proclamation for such recruitment was published by giving one day to submit applications and Judicial Officer fixed the date of interview with the margin of one day---Recruitment process initiated by the Judicial Officer was not transparent---Motive behind such act was to curtail number of applicants for recruitment; he attempted to accommodate certain persons---Adverse remarks against Judicial Officer by countersigning authority---Malice---Countersigning authority concluded that Judicial Officer did not enjoy good reputation---Contention of Judicial Officer was that said remarks were result of "malice" and "bias"---Validity---Countersigning authority called the judicial officer and asked to cancel the said recruitment process---Countersigning authority being Inspection Judge of the District was competent to intervene and interfere in the recruitment process---Judicial Officer had failed to disclose name of any alleged candidate recommended by the countersigning authority for recruitment---If countersigning authority as alleged got first process of recruitment cancelled with an intent and object to get accommodate the persons of his choice then why he did not intimate the names and particulars of such candidates to the Judicial Officer---Judicial Officer had coined the story to justify his act by getting the process of recruitment completed within couple of days---Judicial Officer had attempted to accommodate persons of his choice while depriving the suitable candidates---Malice had to be attributed to the Judicial Officer and not to the countersigning authority---Bald allegation had been made against the countersigning authority to get favourable decision---Countersigning authority had interfered in order to rectify the illegal act of Judicial Officer---Judicial Officer had failed to make out a case for interference---Appeal was dismissed in circumstances. Muhammad Yahya Khan Kulachi v. Registrar, Lahore High Court Lahore 2011 SCMR 1381 Distinguished. F.Q. Matiullah Khan Alizai v. Chief Secretary…

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