| Citation(s) |
|---|
| 2005 SLG 1058 2005 SLD 1058 2005 PLC 1434 |
Supreme Court of Pakistan
Civil Petitions Nos. 1767-L and 1768-L of 2000, decision dated: 20-12-2004. (On appeal from the judgment dated 16-5-2000 of the Punjab Service Tribunal, Lahore, passed in Appeals Nos.1858 and 2249 of 1997).
KHALIL-UR-REHMAN RAMDAY AND FALAK SHER, JJ
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Civil Petitions Nos. 1767-L and 1768-L of 2000, decision dated: 20-12-2004. (On appeal from the judgment dated 16-5-2000 of the Punjab Service Tribunal, Lahore, passed in Appeals Nos.1858 and 2249 of 1997).
KHALIL-UR-REHMAN RAMDAY AND FALAK SHER, JJ
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MUHAMMAD ASIF and another
VS
DIRECTOR PUBLIC INSTRUCTION PUNJAB and another
Law:
Section:
(a) Administration of justice-------Any person who had not come to the Courts with clean hands, was not entitled to any discretionary relief and even if some procedural illegality was shown to exist in the orders undoing the wrong, the Courts would not intervene to perpetuate a patently unjust, illegal and fraudulent act. (b) Punjab Service Tribunals Act (IX of 1974)--- ----S. 4---Constitution of Pakistan (1973), Art.212(3)---Termination of services---Service Tribunal found as a fact that appointments of petitioners were made surreptitiously behind the closed doors to oblige petitioners to the prejudice of others who could be equally eligible and might be more qualified than petitioners and who stood deprived of their right to compete for said posts on account of misdeeds of petitioners---Case was not fit where Supreme Court, which was mandated to do complete justice, could interfere in terms of Art. 212(3) of the Constitution. Ch. Muhammad Ashraf, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners (in both petitions). Nemo for Respondents. Date of hearing: 20th December, 2004. JUDGMENT KHALIL-UR-REMAN RAMDAY, J.---Civil Petitions Nos. 1767-L and 1768-L of 2000 are being disposed of together as both these petitions arise out of the same consolidated impugned judgment involving similar facts. 2. The petitioners claim to have been appointed to the posts of Junior Clerks in the year 1995. Their services were terminated through an order dated 18-12-1996 by the then Care-Taker Government on account of their appointments being illegal/bogus. 3. The representations filed by them before the departmental authorities remained unsuccessful as a result whereof they finally reached the Punjab Service Tribunal with appeals under section 4 of the Punjab Service Tribunals Act, 1974. 4. Having examined the matter in some detail, the learned Tribunal reached the conclusion that the appointments in question had not…
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