| Citation(s) |
|---|
| 2000 SLG 881 2000 SLD 881 2000 SCMR 1025 2000 SLD 1293 2000 SCMR 1025 |
Supreme Court of Pakistan
Civil Petitions Nos.983-L to 989-L of 1999, decision dated: 21st December, 1999.
IRSHAD HASAN KHAN, RAJA AFRASIAB KHAN AND CH. MUHAMMAD ARIF, JJ
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Civil Petitions Nos.983-L to 989-L of 1999, decision dated: 21st December, 1999.
IRSHAD HASAN KHAN, RAJA AFRASIAB KHAN AND CH. MUHAMMAD ARIF, JJ
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LAHORE HIGH COURT, LAHORE through Registrar
VS
K.M SOHEL, ADDITIONAL DISTRICT AND SESSIONS JUDGE and others
Law:
Section:
Constitution of Pakistan (1973)--Art.212(3)---Recording of adverse remarks in Annual Confidential Report (A.C.R.) of Subordinate Judicial Officer---Such adverse remarks were recorded in absence of the officer and without affording any opportunity of hearing---Leave to appeal was granted by Supreme Court to consider; whether the adverse remarks recorded beyond the time schedule prescribed by the Government through instructions for recording A.C.Rs. had lost their efficacy in' view of law laid down by Supreme Court; whether the instructions issued by the Government for recording of A.C.Rs. could be varied by High Court keeping in view the exigencies of service of persons of the Subordinate Judiciary to advance the principle of independence of Judiciary; whether Judiciary Service Tribunal was right in holding that affected Judicial Officers should have been afforded a personal hearing in support of their representations and consideration of their representations in absentia by Administrative Committee of the High Court did not conform to the principle of audi alterem partem; and whether the of Service Tribunal was in deviation of law laid down by Supreme Court. Government of the Punjab and another v. Ehsanul Haq Sethi PLD 1986 SC 684; Chief Secretary, Government of Punjab, Lahore and 2 others v. Muhammad Saeed Zafar 1999 SCMR 1587; Kh. Saeedul Hassan, Ex. Additional District and Sessions Judge v. Government of the Punjab through the Chief Secretary, Lahore 1994 PLC (C.S.) 113; F.Q. Matiullah Khan Alizai v. Chief Secretary, Government of -N.-W.F.P. and 5 others 1994 SCMR 722 and Shaukat Javed Farooqi, Under Secretary, Civil Secretariat, Lahore v. District and Sessions Judge, Lahore and another 1999 SCMR 2141 ref. Malik M. Azam Rasool, Advocate .Supreme Court and Rao Muhammad Yusuf, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 21st December, 1999. ORDER IRSHAD HASAN KHAN, J.---Through this order, we intend to dispose of Civil Petitions Nos.983-L to 989-L of 1999 arising out of the judgments passed by the Punjab Subordinate Judiciary Service Tribunal in the Lahore High Court, Lahore (hereinafter referred to as the Tribunal) in Appeals…
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