| Citation(s) |
|---|
| 2017 SLG 1485 2017 SLD 1485 2017 PLD 271 |
Lahore High Court
Writ Petition No. 39823 of 2016, 22/12/2016
AYESHA A. MALIK, JUSTICE
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Writ Petition No. 39823 of 2016, 22/12/2016
AYESHA A. MALIK, JUSTICE
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ASIF NAZ
VS
GOVERNMENT OF PUNJAB AND OTHERS
Law:
Section:
THIS ORDER PASSED BY: AYESHA A. MALIK, JUSTICE:---.--- Through this Petition, the Petitioner challenges order dated 6.5.2016 passed on behalf of the Registrar, Lahore High Court, Lahore and Notification dated 19.8.2015 containing the names of the Civil Judges-cum-Magistrates appointed at the Lahore High Court, Lahore. 2. The case of the Petitioner is that he applied for the post of Civil Judge-cum-Magistrate. He passed the test and was called for interview on 14.7.2015. The Petitioner was not interviewed as he was informed that he had concealed registration of FIR No. 78/2012, Police Station, Qaboola and his previous service record in the application form for judicial service. Thereafter he was informed through Notification dated 19.8.2015 that he along with six others have been permanently debarred from appearing in any examination for judicial service due to their involvement in criminal cases and suppression of some basic facts. The grievance of the Petitioner is that he cannot be penalized for life as there is no provision in the Punjab Judicial Service Rules, 1994 ("Rules") to debar an advocate from appearing in any examination of judicial service for the rest of his life. It is also his case that the concept of permanent disqualification was never mentioned in the advertisement issued in the month of January, 2015, hence it could not be levied on the Petitioner. 3. At the very outset, learned counsel for the Petitioner was questioned on the maintainability of the instant Petition. The basic challenge in this Petition is an order issued by the Administrative Committee headed by the Hon'ble Chief Justice of the Lahore High Court in its meeting held on 19.8.2015. In the said meeting, seven Judges of the Lahore High Court including the Hon'ble Chief Justice decided that persons who had concealed registration of cases against them or material facts in their application forms would be permanently debarred from participating in any examination for judicial service. Learned counsel for the Petitioner relied upon the case cited at Ch. Muhammad Akram v. Registrar, Islamabad High Court (PLD 2016 SC 961) to urge the point the Petition is maintainable on the basis of…
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