| Citation(s) |
|---|
| 1981 SLG 2054 1981 SLD 2054 1981 PLC 117 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 13 of 1978, decided on 30th April 1980.
KARAM ELAHEE CHAUHAN AND NASIM HASAN SHAH, JJ
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Civil Petition for Special Leave to Appeal No. 13 of 1978, decided on 30th April 1980.
KARAM ELAHEE CHAUHAN AND NASIM HASAN SHAH, JJ
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MUHAMMAD ASLAM KHAN
VS
AGRICULTURAL DEVELOPMENT BANK OF PAKISTAN AND 2 OTHERS
Law:
Section:
(On appeal from the dated 29-10-1978 of the Lahore High Court in C. R. No. 609 of 1978). Civil service- --- Constitution of Pakistan (1973), Art. 185(3)-Government servant-Promotion-Injunction against Government-Case of petitioner a simple case of promotion on condition of keeping him on special report for six months to assess his ability-Record showing reports being made of disobedience of orders of his officers by petitioner-Trial Court in circumstances could not insist upon retention of petitioner as promoted-High Court, having found District Judge acting illegally and irregularly in exercise of his jurisdiction in granting injunction and in not acting according to dictums of Supreme Court not to grant injunctions in such cases, held, rightly interfered with his orders. Shahzada Muhammad Umar Beg v. Sultan Mahmood Khan and another P L D 1970 S C 139; Province of West Pakistan v. Malik Asghar Khan 1971 S C M R 569 ; Province of West Pakistan v. Bashir Ahmad Qureshi P L D 1959 S C (Pak.) 93; Pakistan and another v. Qazi Syed Hikmat Hussain P L D 1959 S C (Pak,) 107 and The State of Pakistan and another v. Mehrajuddin P L D 1959 S C (Pak.)147 ref. Government of Sind and another v. Ghulam Muhammad 1973 S C M R 96 distinguished. Mahmood Ali Kasuri, Senior Advocate Supreme Court, Muhammad Akram Khawaja, Advocate Supreme Court and Ejaz Ahmad Khan, Advocate-on-Record for Petitioner. Gulnawaz Ahmad Khan, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record for Respondent. Date of hearing : 30th April 1980. ORDER NASIM HASAN SHAH, J. This petition for leave to appeal is directed against the order of a learned Single Judge of the Lahore High Court dated 29-10-1978, whereby, in exercise of the revisional jurisdiction, the order of the Additional District Judge granting temporary injunction was recalled and the application for temporary injunction dismissed. The relevant facts are that the petitioner was promoted as Deputy Controller of the Branches in the Agricultural Development Bank of Pakistan on probation on 22-7-1974. On 7-6-1975, he was demoted and posted as Assistant Regional Manager, Peshawar. Aggrieved by the said order, the petitioner filed…
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