| Citation(s) |
|---|
| 1999 SLG 981 1999 SLD 981 1999 PLC 624 |
Supreme Court (AJ&K)
Civil Appeal No. 119 of 1998, decision dated: 13-11-1998.(On appeal from the judgment of the Service Tribunal. dated11-6-1998 in Service Appeal No.922 of 1995).
SARDAR SAID MUHAMMAD KHAN, C.J. AND BASHARAT AHMAD SHAIKH, J
Civil Appeal No. 119 of 1998, decision dated: 13-11-1998.(On appeal from the judgment of the Service Tribunal. dated11-6-1998 in Service Appeal No.922 of 1995).
SARDAR SAID MUHAMMAD KHAN, C.J. AND BASHARAT AHMAD SHAIKH, J
Ch. ABDUL KARIM and 5 othersvsRaja MUHAMMAD NISAR and another
Law:
Section:
(a) Qanun-e-Shahadat (10 of 1984)-------Art. 113---Admitted facts---Proof---Facts admitted need not to be proved. (b) Civil Procedure Code (V of 1908)- ----O. VI, Rr. 1 & 17---Amendment of pleadings---Resilience by party--Procedure---Party could not be permitted to resile from its case set up in pleadings until and unless the party amended its pleadings or resiled from its earlier stand by any other procedure recognised by law. Chairman, P.I.A.C. v. Nasim Malik PLD 1990 SC 990; Muhammad Siddiqui Farooqi v. Azad Jammu and Kashmir Government PLD 1994 SC (AJ&K) 13; Azad Government v. Qamar-uz-Zaman Khan Niazi 1993 SCR 9; Muhammad Hussain v. Abdul Majid 1993 SCR 319 and Muhammad Amin v. Muhammad Yunus 1993 SCR 340 ref. (c) Azad Jammu and Kashmir Service Tribunal Act (XXII of 1975)--- ----S. 4---Promotion---Review against promotion order---Civil servants on recommendation of Selection Board were promoted as Assistant Conservators Forests in B-17---Co-civil servant filed review petition against promotion of civil servants---Special Assistant who was appointed by Notification for hearing and disposal of appeals and review petitions, decided in favour of co-civil servant after hearing parties, ordered promotion of co-civil servant as Assistant Conservator Forests and transmitted file to Authority for issuing order of promotion of co-civil servant to said post---Pending the file before Authority, another notification was issued after about nine months whereby powers of Special Assistant to decide appeal or review himself were withdrawn and his powers were limited only to make recommendation ,to Government instead of deciding matters himself---Effect---Amending notification whereby powers of Special Assistant were withdrawn, being prospective in operation, it would not affect decision of Special Assistant passed by him about nine months prior to issuance of amending notification----When a person was delegated certain Authority to do an act, delegator was not legally competent to exercise said powers until and unless same were taken back and assumed by delegator---Review petition having been decided by Special Assistant before curtailment of his powers by…
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