Case Details

Citation(s)
2000 SLG 809 2000 SLD 809 2000 SCMR 661 2000 SLD 1221 2000 SCMR 661
Supreme Court of Pakistan
Civil Appeal No. 331-L of 1999, decision dated: 23rd November, 1999.
SAIDUZZAMAN SIDDIQUI, C.J., SHEIKH RIAZ AHMED AND CH. MUHAMMAD ARIF, JJ

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RIAZ HUSSAIN

VS

BOARD OF INTERMEDIATE AND SECONDARY EDUCATION and others

Law:

Section:

Civil Procedure Code (V of 1908)--S. 115---Revision---Jurisdiction of High Court---Scope--Remand---Validity---Sufficient reasons existed for reaching the conclusion that the appellate forum had not considered the cause before it in accordance with the material brought on record by the parties---High Court was right in remanding the case directing the appellate forum to perform its functions in accordance with law. Malik Noor Muhammad Awan, Advocate Supreme Court with S. Abul Aasim Jaferi, Advocate-on-Record for Petitioners.. Mohyuddin Qazi, Advocate Supreme Court with Tanvir Ahmed, Advocate-on-Record for Respondents Nos. l and 2. Date of hearing: 23rd November, 1999. JUDGMENT CH. MUHAMMAD ARIF, J.---Through this petition under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973 leave is claimed against judgment, dated 26-11-1998 passed by a learned Judge in Chamber of the Lahore High Court, Lahore allowing respondent Board of Intermediate and Secondary Education and others' Revision Petition No.1393 with the result that the judgment/decree passed by a learned Additional District Judge, Faisalabad favouring the petitioner was reversed and the matter remitted to the Appellate Forum for decision of the appeal before it afresh in the light of the observations made therein by the High Court. 2. Petitioner Riaz Hussain had filed a suit for declaration to the effect that order No.2060-70/Estt., dated 14-10-1990 and appellate order No.860/SE/Estt., dated 2-3-1992 were illegal, mala fide and inoperative against his rights and that he continued to be in employment since the date of removal and entitled to the salary and other benefits throughout. According to the pleadings in the plaint, he had joined Sargodha Board of Intermediate and Secondary Education as Junior Clerk and was transferred to Board of Intermediate and Secondary Education, Faisalabad. He was promoted as Senior Clerk on 31-12-1989 as per Order No.1644-1644. The respondent/defendant-Authorities of the Board of Intermediate and Secondary Education, Faisalabad suspended him from service vide, Order No.8386, dated 24-9-1989 and a charge-sheet was served upon him vide Office Order…
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