Law:

Section:

Per Kh. Muhammad Yousaf and Abdul Rashid, Members, Ihsanul Haq Chaudhry, Chairman concurring-- (a) Punjab Service Tribunals Act (IX of 1974)-- ---S.4(1)(b)--Service Tribunal--Jurisdiction--Seniority--Pro forma promotion--Seniority of appellants abruptly disturbed after eleven years--Tribunal can go into question of legality of pro forma promotion for determination of seniority involved in the case--Question of fitness to promotion being not involved, Tribunal, held, had plenary and unfettered jurisdiction to go into the question to determine if promotion order was in accordance with law--Section 4(1), proviso (b) was not applicable and Tribunal had jurisdiction' to go into all relevant questions to adjudicate upon rights of parties. 1983 S C M R 74; 1984 S C M R 1051; 1984 S C M R 1459; 1985 S C M R 699; 1984 P L C 842 and 1984 S C M R 1459 ref. Per Kh. Muhammad Yousaf and Abdur Rashid, Members, Ihsanul Haq Chaudhry, Chairman concurring-- (b) Punjab Service Tribunals Act (IX of 1974)-- ---S.4--Expunction of adverse remarks in Annual Report--Secretary to Government accepting second representation of respondent and ordering expunction of adverse remarks when her representation in that behalf had already been rejected by Government and when the power to review his own order or that of his predecessor did not vest in the Secretary--Order of Secretary disclosing no reasons or causes for entertaining second representation for expunction of adverse remarks or for reviewing earlier order whereby contesting respondent's representation was rejected--Such order being violative of Government Circular letters No. SOR-III(S&GAD)11-2/73, dated 9-6-1973 and No. SOR-II(S&GAD)2-52/73, dated 16-10-1973 was against law and rules--When an act has to be done in certain manner, it should be done in that manner and none other--Order of Secretary expunging adverse remarks of respondent, held, was without jurisdiction and lawful authority, nullity in law and of no legal effect and remarks expunged by him shall be deemed to have never been expunged in eye of law. 1981 S C M R 244 ref. Per Kh. Muhammad Yousaf and Abdur Rashid, Members, Ihsanul Haq Chaudhry, Chairman concurring-- (c)…

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