Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)---- ----S. 4(1), proviso---Service Tribunal---Jurisdiction---Extent---Jurisdiction of Service Tribunal does not extend to the decision of departmental authority about the fitness of a person for promotion to a post---Order whereby respondent civil servant was promoted to the detriment of petitioner's right, could not be challenged before Service Tribunal---Bar of jurisdiction placed on Courts other than Service Tribunal, in respect of any matter to which jurisdiction of the Tribunal extended, was not applicable to matters relating to fitness of a person to be promoted to a post. Abdul Wahab Khan v. Government of the Punjab and 3 others PLD 1989 SC 508 and Pakistan International Airlines and another v. F.M. Shamsi PLD 1990 SC 943 ref. (b) Discretion- ---- Discretion vested in Authority in a particular matter was required to be exercised justly, fairly and on the basis of criteria of reasonableness---Where exercise of discretionary power was likely to affect the existing rights of any other person, such person must be heard according to rules of natural justice which are to be read in every statute unless their application was expressly dispensed with, before passing any order---Such discretionary power could not be exercised arbitrarily, whimsically and mechanically. (c) Natural justice, principles of--- ----Where exercise of discretionary power was likely to affect existing rights of any other person, such person must be…

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