Law: Punjab Subordinate Judiciary Service Tribunal Act, 1991

Section: 5

Punjab Subordinate Judiciary Service Tribunal Act (XII of 1991)--- ---S. 5-Judicial officer---Remarks recorded by the Authority while deciding a matter---Proforma promotion---Scope---Appellant was directed by the Authority to remain careful in future and he was kept under observation for one year---Work, conduct and integrity of appellant was declared excellent during the said period---Effect--¬Appellant had not earned any adverse entry during whole of judicial service---Ground and reason on the basis of which appellant was deprived of his promotion had subsequently been extinguished---Withholding of due right of appellant would not meet the ends of justice---Appellant was entitled to proforma promotion with effect from the date when the next junior to him was so promoted---Appeal was allowed in circumstances. THIS JUDGMENT DELIVERED BY: MUHAMMAD TARIQ ABBASI, MEMBER:----------------- By way of this appeal, filed under Section 5 of the Punjab Subordinate Judiciary Service Tribunals Act, 1991, Zafar Iqbal Chaudhry (hereinafter referred to as the appellant) has called in question, letter of the Registrar, Lahore High Court, Lahore dated 10.6.2013, whereby the appellant has been informed that his representation for proforma promotion as District and Sessions Judge, has been declined. 2. The facts are that the appellant was appointed as Civil Judge on 21.12.1983; he was promoted as Senior Civil Judge on 23.11.1999 and as Additional District and Sessions Judge, on 4.9.2000; the Additional District and Sessions Judges, junior to him were promoted as District and Sessions Judges, through Notification No. 234/RHC/AD&SJJ, dated 10.7.2009, but he was deferred and later on promoted to the said post through Notification No. 108/RHC/D&SJJ, dated 11.05.2011; he made a representation, for his promotion from 10.7.2009, when Mr. Abdul Hameed-I, next junior to him was promoted as District and Sessions Judge, but declined, through the impugned letter. Consequently, the appeal in hand. 3. The learned counsel for the appellant has argued that during whole of the service career, the record of the appellant remained unblemished, except an occasion that during preliminary…

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