| Citation(s) |
|---|
| 1984 SLG 683 1984 SLD 683 1984 SCMR 879 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 278 of 1982, decision dated: 19-03-1984 (On appeal from the judgment dated 23rd January, 1982, of the Lahore High Court in Writ Petition No.8936 S/1980)
ASLAM RIAZ HUSSAIN AND NASIM HASAN SHAH, JJ
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Civil Petition for Special Leave to Appeal No. 278 of 1982, decision dated: 19-03-1984 (On appeal from the judgment dated 23rd January, 1982, of the Lahore High Court in Writ Petition No.8936 S/1980)
ASLAM RIAZ HUSSAIN AND NASIM HASAN SHAH, JJ
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SUPERINTENDENT OF POLICE HEADQUARTER Lahore High Court AND others
VS
. MUHAMMAD LATIF--Respondent
Law:
Section:
Constitution of Pakistan (1973)----Arts. 212(3) & 199-Punjab Service Tribunals Act (IX of 1974), S. 4-Leave to appeal-Granted to examine substantial question of law of public importance in relation to powers of High Court to set aside orders of Service Tribunal in exercise of writ jurisdiction and involving interpretation of Art. 212 of Constitution. M. M. Saeed Beg, Advocate Supreme Court and S. Abid Nawaz, Advocate-on-Record for Petitioners. Sh. Salahuddin, Advocate-on-Record for Respondent. Date of hearing: 19th March, 1984, ORDER NASIM HASAN SHAH, J.-The learned counsel for the petitioners drew our attention to paras. 11 and 12 of the judgment of the learned Single Judge in the High Court which read as follows:- "11. The learned counsel for the respondents (petitioners herein) then came forthwith another submission resting on Article 212 of the Constitution to urge that the Service Tribunal's order is appealable before the Supreme Court and as another adequate remedy is available to the petitioner (respondent herein), the writ petition is not maintainable. 12. This argument does not deserve any serious consideration, for, under Article 212, an appeal lies to the Supreme Court only if the case involves a substantial question of law of public importance. However, the instant case does not present any such question of law of public importance but nevertheless it being an order based on no evidence and also violative of the mandatory provision of the police rules, is liable to be struck down in exercise of constitutional jurisdiction of this Court." It is submitted that the view of the learned Judge that the writ jurisdiction of the High Court would be available in the circumstances alluded by him above in untenable Article 212 of the Constitution created Service Tribunal's confessing…
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