| Citation(s) |
|---|
| 1981 SLG 3123 = 1981 SLD 3123 = 1981 SCMR 392 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 938 of 1979, decided on 2nd December, 1980. (On appeal from the order of the Punjab Service Tribunal dated 12-9-1979 in Appeal No. 324/78).
Presented By: Mushtaq Hussain anal Shafi-ur-Rahman, JJ
M. M. Saeed Beg Advocate with Sh. Ijaz Ali, Advocate-on-Record for Petitioner. Abdul Karim, Advocate-on-Record for
Respondent.
Civil Petition for Special Leave to Appeal No. 938 of 1979, decided on 2nd December, 1980. (On appeal from the order of the Punjab Service Tribunal dated 12-9-1979 in Appeal No. 324/78).
Presented By: Mushtaq Hussain anal Shafi-ur-Rahman, JJ
M. M. Saeed Beg Advocate with Sh. Ijaz Ali, Advocate-on-Record for Petitioner. Abdul Karim, Advocate-on-Record for
Respondent.
THE SECRETARY GOV ER14MENT OF PTJNJAB-Petitioner
VERSUS
AHMAD KAMALUDDIN-Respondent
Law: Service Tribunals Act (LXX of 1973).
Section: 3, 4
Law: Constitution of Pakistan, 1973
Section: 199
(a) Service Tribunals Act (LXX of 1973) Ss. 3 & 4-Jurisdiction--Terms and conditions of service--Adverse remarks - Instructions with regard to recording of remarks, their communication and expunction---Have status of rules made under Civil Servants Act, 1973 and determine live of terms and conditions of service Recording of remarks though within exclusive competence of superior officers yet such record not immune from review or reconsideration and adverse remarks being reviewable under rules, appeal to Service Tribunal, held, competent in appropriate cases. (b) Service Tribunals Act (LXX of 1973) Ss. 3 & 4 read with Constitution of Pakistan (1973), Art. 199 Constitutional jurisdiction qua ordinary civil jurisdiction-Limitations or restraints exercised in giving relief in constitutional jurisdiction-Held, do not extend to Tribunals and authorities enjoined to hear appeals and determine questions of fact as well as of law. Muhammad Aboo Abdullah v. The Province of East Pakistan and another P L D 1960 S C 164 distinguished. Date of hearing : 2nd December, 1980. ORDER SHAFI-UR-REHMAN, J.-The Government of the Punjab seeks leave to appeal against the judgment of the Punjab Service Tribunal dated 12-9-1979 whereby an appeal filed by the respondent against the adverse remarks recorded by the competent authority was allowed. 2. The respondent was posted as Director Land Acquisition-cum-Inquiry Officer, WAPDA, Lahore, when for the period 30-11-1972 to 11-8-1973 the adverse remarks with regard to his performance were given which were…