| Citation(s) |
|---|
| 2006 SLG 281 2006 SLD 281 2006 SCMR 496 |
Supreme Court of Pakistan
Civil Petitions Nos.276-L of 2005, 2703-L of 2.003, 367-L of 2004, 51-L, 83-L, 151-L, 158-L, 193-L, 201-L, 211-L, 217-L, 220-L, 315-L, 348-L, 435-L, 449-L, 548-L, 755-L, 1337-L, 1404-L, 1440-L, 1497-L of 2005; 90-L, 121-L and 168-L of 2006, decision dated
JAVED IQBAL AND CH. IJAZ AHMAD, JJ
Ch. Muhammad Anwar Bhinder, Senior Advocate Supreme Court and Ch. M. Anwar Khan, Advocate-on-Record for Petitioner (in C.P. No. 276-L of 2005) Rana Safdar Ali Asif, Advocate Supreme Court and Faizur Rehman, Advocate-on-Record for Petitioner (in C.P. No.
Civil Petitions Nos.276-L of 2005, 2703-L of 2.003, 367-L of 2004, 51-L, 83-L, 151-L, 158-L, 193-L, 201-L, 211-L, 217-L, 220-L, 315-L, 348-L, 435-L, 449-L, 548-L, 755-L, 1337-L, 1404-L, 1440-L, 1497-L of 2005; 90-L, 121-L and 168-L of 2006, decision dated
JAVED IQBAL AND CH. IJAZ AHMAD, JJ
Ch. Muhammad Anwar Bhinder, Senior Advocate Supreme Court and Ch. M. Anwar Khan, Advocate-on-Record for Petitioner (in C.P. No. 276-L of 2005) Rana Safdar Ali Asif, Advocate Supreme Court and Faizur Rehman, Advocate-on-Record for Petitioner (in C.P. No.
NAJAM ABBAS and OTHERS
VS
SUPERINTENDENT OF POLICE CITY DIVISION, GUJRANWALA and others
Law: Removal from Service (Special Powers) Ordinance (XVII of 2000)
Section: 9
Law: Constitution of Pakistan, 1973
Section: 212(3)
(a) Removal from Service (Special Powers) Ordinance (XVII of 2000)---S. 9---Constitution of Pakistan (1973), Art.212(3)---Revision petition---Dismissal of revision after six months as being non maintainable-Dismissal of appeal by Service Tribunal as being time barred---Validity---Competent Authority had not returned revision petition to petitioner within prescribed period in terms of S.9(4) of Removal from Service (Special Powers) Ordinance, 2000---Competent authority was obliged to issue instructions regarding availing of remedy of revision by petitioner to avoid abnormal situation---Competent. authority had dismissed revision of petitioner being non'-maintainable, but had entertained revision of co-accused and decided same on merits---Competent authority without issuing intimation to petitioner within prescribed period had dismissed revision as non-maintainable---Had petitioner been informed well in time, he would have availed remedy of appeal before Tribunal in time---Tribunal, while deciding appeal, had not adverted to S.9(4) of Removal from Service (Special Powers) Ordinance, 2000---Supreme Court accepted appeal and set aside impugned , resultantly petitioner's appeal before Tribunal would be deemed pending adjudication. Government of Punjab v. Muhammad Saleem 1995 SCMR 546; Muhammad Arslan v. Chancellor Quaid-e-Azam University, Islamabad and others 2004 SCMR 1419; House Building Finance Corporation and others v. Syed Muhammad All Gohar Zaidi 2004 SCMR 1811; I.-G. HQ Frontier Corps and others v. Ghulam Hussain and others 2004 SCMR 1397; Superintendent of Police, Headquarters, Lahore and 2 others v. Abdul Ghafoor 1992 SCMR 2162; Abdul Rehman v. I.-G. of Police and 2 others PLD 1995 SC 546; Muhammad Ibrahim v. Pakistan Oil Seeds Development Board and others 2006 SCMR 95; Muhammad Yaqoob v. D.P.O. Sahiwal and 2 others 2006 SCMR 310 and Raza Hussain Shah v. S.S.P. (Investigation) and others C.P. No.2559-L of 2003 ref. Muhammad Muzaffar Khan's case PLD 1959 SC 9; I.A. Sharwani's case 1991 SCMR 1041; Messrs Airport Support Services v. Airport Manager, Quaid-e-Azam International Airport Karachi and others 1998 SCMR 2268 and Zain Yar Khan v. Chief Engineer CRBC,…
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