Law: Criminal Procedure Code, 1898 (V of 1898)--

Section: 497/ 302/118/120-B/506/109/43

Service Tribunals Act, 1973 (LXX of 1973), ----S. 4--General Clauses Act, 1897 (X of 1897), S. 24(a)--Provisional seniority list--Final seniority list--Name of appellant was excluded--Filing of representation--Application for personal hearing was unattended--Representation was rejected--General cadre--Departmental appeal--Duty of authority--Rejected--Apart from in-depth consideration of appeal, it also imposes a duty upon appellate authority to record reasons for passing appellate order--This duty to record reasons while deciding appeal was coextensive with provisions of Section 24(A) of General Clauses Act 1897, which also obliges an authority vested with power to make any order or direction to give reasons for making of order--An order issued could not be taken back without any cogent reasons--After circulation of provisional seniority list and inviting objections, exclusion of appellant’s name from final list, without objection having been raised by anyone, action of department, without affording chance of hearing to appellant, was nullity was eyes of law and not sustainable. [Pp. 137 & 139] A & B Mr. Aijaz Ahmed, Advocate for Appellant. Mr. Ali Nawaz Khuhawar, Advocate for Respondents-1 & 2. Nemo for other Respondents. Date of hearing: 17.11.2022. Judgment Tauqeer Ahmed Khan, Member.--By means of this appeal under Section 4 of the Service Tribunals Act, 1973, the appellant assails the notifications dated 13.01.2021 & 15.01.2021 by which his juniors (private Respondents 5 to 7) were promoted as Deputy Directors (BS-18). His departmental appeal dated 12.02.2021 was rejected vide order dated 06.05.2021. It may be mentioned here that during pendency of appeal, an application under Order-I Rule-10, CPC was filed for impleading private respondents-5 to 7 as respondents in this appeal alongwith amended title arraying them as respondents. Notice of the application was issued to the private respondents, but they failed to contest the matter. 2. Brief facts of the case, as disclosed in the appeal are that, the appellant joined the Election Commission of Pakistan as Assistant Director (Legal) (BPS-17) vide memo dated 27.04.2016 and performing his duties with devotion…

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