| Citation(s) |
|---|
| 1999 SLG 493 1999 SLD 493 1999 SCMR 2383 |
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal No. 1544-L and 1684-L of 1998, decision dated: 24-11-1998. (On appeal from the order of the Punjab Service Tribunal, dated 3-8-1998, passed in Appeal No.329 of 1998)
RAJA AFRASIAB KHAN AND CH. MUHAMMAD ARIF, JJ
Ch. Mushtaq Masood, Advocate Supreme Court with Sh. Masood Akhtar, Advocate-on-Record for Petitioner. (in C.P. No. 1544-L of 1998). Rana Maqbool Ahmad Khan, Advocate Supreme Court for
Respondents/Caveators (in C.P. No. 1544-L of 1998). Muhammad Sharif But
Civil Petitions for Leave to Appeal No. 1544-L and 1684-L of 1998, decision dated: 24-11-1998. (On appeal from the order of the Punjab Service Tribunal, dated 3-8-1998, passed in Appeal No.329 of 1998)
RAJA AFRASIAB KHAN AND CH. MUHAMMAD ARIF, JJ
Ch. Mushtaq Masood, Advocate Supreme Court with Sh. Masood Akhtar, Advocate-on-Record for Petitioner. (in C.P. No. 1544-L of 1998). Rana Maqbool Ahmad Khan, Advocate Supreme Court for
Respondents/Caveators (in C.P. No. 1544-L of 1998). Muhammad Sharif But
FAIZ AHMAD KHAN and anothers
VS
MUHAMMAD RAMZAN ABID and 2 others
Law:
Section:
Punjab Service Tribunals Act (IX of 1974)--S. 4---Constitution of Pakistan (1973), Art.212(3)---Non-impleading of party---Contention was that petitioner being necessary party, Service Tribunal could not have passed impugned order without hearing him---Respondent submitted that petitioner was not an aggrieved person---Validity---Petitioner was not a party before Service Tribunal when appeal filed by respondent was accepted---Supreme Court considered appropriate to remand the case to Service Tribunal with observation that petitioner or anybody feeling aggrieved in the case before Service Tribunal, could make an application for being impleaded as a party in appeal. ORDER RAJA AFRASIAB KHAN, J.---On 3-8-1998, the Punjab Service Tribunal, Lahore passed the following order:-- "The record of the case has been gone through. It seems to be a rather strange position that the department is insisting for promoting its employee while the employee consistently refusing his promotion. It is also to be noted that the appellant's request of foregoing his promotion was also approved by the Chief Minister and in spite of that the department insists of promoting the appellant. The appeal is accepted and the department has no justification to…
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