| Citation(s) |
|---|
| 2022 SLG 25 2022 SLD 25 2022 SCMR 25 |
Supreme Court of Pakistan
Civil Appeals Nos. 414 and 817 of 2021, decided on 18thNovember, 2021. Date of hearing: 18th November, 2021.(Against the judgment dated 10.02.2021 and 24.11.2020 passedby Lahore High Court, Lahore in W.Ps. Nos.6661 and14121/2019)
GULZAR AHMED, C.J., MAZHAR ALAM KHAN MIANKHEL, J, MUHAMMAD ALI MAZHAR, J
Shaukat Rauf Siddique, Additional A.G. Punjab for Appellants (in both appeals).Naveed Ahmed Khawaja, Advocate Supreme Court (Via video link at Lahore) for
Respondents Nos.1-3 and 5-7 (in C.A. No. 414/2021).Nemo for
Respondent No.4 (in C.A. No. 414/202
Civil Appeals Nos. 414 and 817 of 2021, decided on 18thNovember, 2021. Date of hearing: 18th November, 2021.(Against the judgment dated 10.02.2021 and 24.11.2020 passedby Lahore High Court, Lahore in W.Ps. Nos.6661 and14121/2019)
GULZAR AHMED, C.J., MAZHAR ALAM KHAN MIANKHEL, J, MUHAMMAD ALI MAZHAR, J
Shaukat Rauf Siddique, Additional A.G. Punjab for Appellants (in both appeals).Naveed Ahmed Khawaja, Advocate Supreme Court (Via video link at Lahore) for
Respondents Nos.1-3 and 5-7 (in C.A. No. 414/2021).Nemo for
Respondent No.4 (in C.A. No. 414/202
GOVERNMENT OF THE PUNJAB through Secretary, Schools Education Department, Lahore and othersVsABDUR REHMAN and others
Law:
Section:
(a) Words and phrases--- ----Quasi-judicial power---Meaning and scope---Term quasi-judicial was employed to expound and spell out the persons or authorities, though not part of judiciary but under the bounds of given powers, exercising the functions and tasks of judicial nature---Further, this term was used to describe functions of governmental officers, boards and agencies which performed functions of a judicial character, although they were not part of the judiciary---Quasi-judicial power was one involving and discretion and which may be conferred upon an executive or administrative board as an incident to its duties---Quasi-judicial power was a duty conferred by words or by implication on an officer to look into facts and to act on them in the exercise of discretion and it laid in the and discretion of an officer other than a judicial officer---Quasi-judicial power was not necessarily judicial, but one in the discharge of which there was an element of and discretion; more specifically, a power conferred or imposed on an officer or an authority involving the exercise of discretion, and as incidental to the administration of matters assigned or entrusted to such officer or authority. Adolph v. Elastic Stop Nut Corp. of America, 87 A.2d 736, 737, 18 N.J Super, 543; U.S. Steel Corp. v.. Stokes, 76 S.E.2d ,474, 477, 478, 138 W.Va. 506; Hoyt v. Hughes County, 142 N.W.471, 473. 32 S.D.117; Words and Phrases (Permanent edition), Volume 35A. (West Pub. Co.) and Dr. Zahid Javed.v. Dr. Tahir Riaz Chaudhary and others PLD 2016 SC 637 ref. (b) Government of Punjab School Education Department Recruitment Policy (2016-2017) for School Specific Educators and SSE (Assistant Education Officers)--- ----Cls. 21(c) 22---Recruitment process---Order passed by the Complaints Redressal Cell (CRC)---District Education Authority aggrieved of the order passed by CRC filing direct appeal filed before the Secretary, School Education instead of a review petition before the CRC---Maintainability---Before invoking appellate remedy before the Secretary, School Education, filing of review petition was mandatory before the Complaints Redressal Cell (CRC) --- Unless the review petition was…
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