| Citation(s) |
|---|
| 2007 SLG 2050 2007 SLD 2050 2007 PLC 808 |
Supreme Court of Pakistan
Civil Petitions Nos.1499-L to 1514-L of 2004, decision dated: 15h July, 2004. (On appeal against the judgment dated 29-1-2004 passed by the Punjab Service Tribunal, Lahore in Appeals Nos.242, 287, 587, 1014, 1015, 10.16, 1326, 1327, 1397, 1476, 1492, 1501
IFTIKHAR MUHAMMAD CHAUDHRY, HAMID ALI MIRZA AND FALAK SHER, JJ
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Civil Petitions Nos.1499-L to 1514-L of 2004, decision dated: 15h July, 2004. (On appeal against the judgment dated 29-1-2004 passed by the Punjab Service Tribunal, Lahore in Appeals Nos.242, 287, 587, 1014, 1015, 10.16, 1326, 1327, 1397, 1476, 1492, 1501
IFTIKHAR MUHAMMAD CHAUDHRY, HAMID ALI MIRZA AND FALAK SHER, JJ
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DISTRICT EDUCATION OFFICER and others
VS
Hafiz MUHAMMAD ISHAQ AHMAD NOORI and others DISTRICT EDUCATION OFFICER and others vs Hafiz MUHAMMAD ISHAQ AHMAD NOORI and others
Law:
Section:
Punjab Service Tribunals Act (IX of 1974)-------S. 4---Constitution of Pakistan (1973), Art.212 (3)---Withdrawal of appointment letters---Failure to consider each case independently---Noncompliance of order passed by Supreme Court---Civil servants were appointed as school teachers but by issuing a general order, their appointments were cancelled on the ground of irregularities committed at the time of their appointments---Supreme Court directed the authorities to consider each case independently and then to decide cases of the civil servants---Authorities passed stereotyped orders in post-remand proceedings, and maintained their earlier decision---Appeals filed by the civil servants were once again accepted by Service Tribunal and the cases were again remanded to the Authorities for decision afresh---Plea raised by the Authorities was that the cases were independently considered and Service Tribunal had no authority to remand the cases for conducting regular inquiry---Validity---In post-remand orders, except change of names and numbers etc. in all substance, the orders in all the cases were identical meaning thereby that the competent authority had failed to apply its mind independently on the facts of each case---Service Tribunal was right in directing the competent authority to consider the cases of civil servants by conducting a regular inquiry---Order passed by the Tribunal being just and proper and in accordance with the earlier order of Supreme Court, no interference was called for by Supreme Court---Leave to appeal was refused. Miss Yasmin Sehgal, A.A.-G., Muhammad Riaz Lone, Advocate Supreme Court and Rao M. Yousaf Khan, Advocate-on-Record (absent) for Petitioners. Irshad Ahmed Qureshi, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record (absent) for respondents (in C.P. No.1499-L of 2004). Hafiz Tariq Naseem, Advocate Supreme Court for Respondents (in C.P. No.1500-L of 2004). ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---Petitioner being aggrieved from the judgment, dated 29th January, 2004 passed by the Federal Service Tribunal has prayed for leave to appeal. Concluding para. from the impugned judgment is reproduced hereinbelow for…
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