Case Details

Citation(s)
2020 SLG 551 2020 SLD 551 2020 PLC 272
Lahore High Court
Intra Court Appeal No. 1105 of 2015, heard on 30-9-2015
AYESHA A. MALIK, JUSTICE, JAWAD HASSAN, JUSTICE
Munawar Ahmad Javed for Appellant.

HASSAN MAHMOOD

VS

HABIB BANK LIMITED AND OTHERS

Law: Removal from Service (Special Powers) Ordinance, (XVII of 2000)

Section: 3,9

Law: Law Reforms Ordinance, 1972

Section: 3,3(2)

Removal from Service (Special Powers) Ordinance (XVII of 2000)--- ----Ss. 3 & 9--- Law Reforms Ordinance (XII of 1972), S. 3--- Intra-court appeal--- Maintainability--- Removal from service--- Alternate remedy--- Appellant was employee of nationalized Bank, who was removed from service by authorities--- Validity---Remedy of representation was provided against decision of authorities --- Order in question was challengeable and appellant had challenged the same through representation / review petition under S. 9 of Removal from Service (Special Powers) Ordinance, 2000, before competent authority which was also rejected--- Intra-court appeal was filed under S. 3 of Law Reforms Ordinance, 1972--- Provision of proviso to S. 3(2) of Law Reforms Ordinance, 1972 barred remedy of intra-court appeal in cases in which relevant law provided remedy of appeal, revision or review--- Division Bench of High Court declined to interfere in the matter as proviso to S.3(2) of Law Reforms Ordinance, 1972 specifically barred remedy of intra-court appeal in those cases in which relevant law provided remedy of appeal, revision or review--- Intra-court appeal was dismissed in circumstances. SME Bank Limited v. Izharul Haq 2019 SCMR 939; Muhammad Aslam Sukhera and others v. Collector Land Acquisition, Lahore Improvement Trust, Lahore and another PLD 2005 SC 45; Federation of Pakistan through Secretary Revenue Division, Islamabad and others v. M/S. Sahib Jee and others 2017 PTD 1481; Muhammad Shakoor v. Federal Public Service Commission through Chairman, Islamabad and 2 others 2003 PLC (C.S.) 414; Yamin v. Mst. Jajan and others 2005 CLC 978; M/S. Shahzadi Polypropylene Industries through Proprietor v. Federation of Pakistan through President and 4 others 2017 PTD 2019; Muhammad Ashraf Saeed v. Habib Bank Limited and another 2018 PLC (C.S.) Note 13 and Haji Ahmad Khan and another v. Province of the Punjab and 5 others 2018 PLC (C.S.) 36 rel. THIS JUDGMENT DELIVERED BY: JAWAD HASSAN, JUSTICE:---.---- Through this judgment, we intend to decide the instant Intra Court Appeal filed against impugned order dated 18.06.2015 passed in Writ Petition No.11472 of 2006 by the learned Single Judge…
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