| Citation(s) |
|---|
| 2000 SLG 893 2000 SLD 893 2000 SCMR 1068 2000 SLD 1305 2000 SCMR 1068 |
Supreme Court of Pakistan
Civil Petitions Nos. 569-L and 570-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. 569-L and 570-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
Mian MUHAMMAD YOUNAS, CIVIL JUDGE 1ST CLASS, FORTABBAS, DISTRICT BAHAWALNAGAR
Law:
Section:
Punjab Subordinate Judiciary Service Tribunal§ Ordinance (II of 1991)--S.8---Constitution of Pakistan (1973), Art. 212(3)---Recording of adverse remarks in Annual Confidential Report (A.C.R.) of judicial officer--Subordinate Judiciary Service Tribunal set aside the remarks recorded in the A.C.R. of the officer---Validity---Leave to appeal was granted by Supreme Court to consider whether it was open to the Tribunal to accept appeal of the officer relating to adverse remarks recorded by Inspection Judge of High Court/Countersigning Officer in the facts and circumstances of the case; whether of Tribunal was in conflict with guidelines laid down by Supreme Court regarding recording of A.C.Rs. or was in conformity with the decisions of Supreme Court and whether decision rendered by Administrative Committee of the High Court comprising of seven Judges including Chief Justice was liable to interference by the Tribunal comprising of three Judges of the same Court. Inspector-General of Police, Punjab, Lahore and 2 others v. Rana Altaf Majid 1994 SCMR 1348; Noor Elahi v. Director of Civilian Personnel, Rear Air Headquarters, Peshawar and 2 others 1997 SCMR 1749; 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 and Ch. Saeed Ahmed v. Federation of Pakistan through Secretary, Finance Division, Islamabad and 2 others 1996 SCMR 256 ref. Malik M. Azim Rasool, Advocate Supreme Court and Rao Muhammad Yusuf Advocate-on-Record for Petitioner. Mian Fazal Mehmood, Senior Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Respondents. Date of hearing: 21st December, 1999. ORDER IRSHAD HASAN KHAN, J.---Through this order, we intend to dispose of Civil Petitions Nos.569-L and 570-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 Nos.7 of 1997. and 8 of 1997 filed by respondent Mian Muhammad Younus, Civil Judge 1st Class, Fortabbas, District Bahawalnagar against some adverse remarks recorded by…
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