| Citation(s) |
|---|
| 2024 SLG 4276 2024 PLJ 530 , 2024 SLD 4276 |
Appellate Jurisdiction
J.P. No. 195 of 2017, decided on 8.5.2024.
Present: Jamal Khan Mandokhail, Syed Hasan Azhar Rizvi and Ms. Musarrat Hilali, JJ.
Mr. Waseem-ud-Din Khattak, ASC for Appellants (in C.A. No. 1471 of 2013). Mr. Rashdeen Nawaz Qasoori, Addl. AGP for Appellants (in C.A. No. 53 of 2014). Mr. Abdul Razzaq Raja, ASC for Appellants (in C.A. No. 187 & 188 of 2018). Hafiz Hafiz-ur-Rehman, ASC for Appellants (in C.As. No. 189 & 190 & 2018). Mr. Muhammad Akram Shaikh, Sr. ASC for Appellants (in C.A. No. 191 of 2018). Mr. Farooq Malik, ASC for Applicant (in C.M.A. No. 5008 of 2014). Mr. Rashdeen Nawaz Qasoori, Addl. AGP and Mr. Haroon Rasheed, Dy. Dir. FPSC for Federation: For FPSC. Mr. Aftab Alam Yasir, ASC for
Respondent No. 1 (in C.As. No. 187 & 189 of 2018). Dr. Khalid Ranjha, Sr. ASC for
Respondents No. 1-2 (in CAs No. 188, 190 & 191 2018). Mr. Abdul Razzaq Raja, ASC for
Respondents No. 5-9 (in CA 189 of 2018 and for
Respondents 7-10 in CA 190 of 2018 and for
Respondent No. 5 in CA 191 of 2018).
J.P. No. 195 of 2017, decided on 8.5.2024.
Present: Jamal Khan Mandokhail, Syed Hasan Azhar Rizvi and Ms. Musarrat Hilali, JJ.
Mr. Waseem-ud-Din Khattak, ASC for Appellants (in C.A. No. 1471 of 2013). Mr. Rashdeen Nawaz Qasoori, Addl. AGP for Appellants (in C.A. No. 53 of 2014). Mr. Abdul Razzaq Raja, ASC for Appellants (in C.A. No. 187 & 188 of 2018). Hafiz Hafiz-ur-Rehman, ASC for Appellants (in C.As. No. 189 & 190 & 2018). Mr. Muhammad Akram Shaikh, Sr. ASC for Appellants (in C.A. No. 191 of 2018). Mr. Farooq Malik, ASC for Applicant (in C.M.A. No. 5008 of 2014). Mr. Rashdeen Nawaz Qasoori, Addl. AGP and Mr. Haroon Rasheed, Dy. Dir. FPSC for Federation: For FPSC. Mr. Aftab Alam Yasir, ASC for
Respondent No. 1 (in C.As. No. 187 & 189 of 2018). Dr. Khalid Ranjha, Sr. ASC for
Respondents No. 1-2 (in CAs No. 188, 190 & 191 2018). Mr. Abdul Razzaq Raja, ASC for
Respondents No. 5-9 (in CA 189 of 2018 and for
Respondents 7-10 in CA 190 of 2018 and for
Respondent No. 5 in CA 191 of 2018).
PAKISTAN ENGINEERING COUNCIL through Chairman and others--Appellants
VERSUS
MUHAMMAD SADIQ & others--Respondents
Law: Pakistan Penal Code, 1860 (XLV of 1860)--
Section: 302/324/34
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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