Case Details

Citation(s)
2006 SLG 1577 2006 SLD 1577 2006 PLC 20
Lahore High Court
Writ Petition No.5179 of 2005, decision dated: 10-10-2005.
FAZAL-E-MIRAN CHAUHAN, J

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AMJAD FAROOQ and 9 others

VS

GULL HAMEED KHAN ROKHRI, MINISTER FOR REVENUE RELIEF AND CONSOLIDATIONS, PUNJAB, LAHORE and 2 others AMJAD FAROOQ and 9 others vs GULL HAMEED KHAN ROKHRI, MINISTER FOR REVENUE RELIEF AND CONSOLIDATIONS, PUNJAB, LAHORE and

Law:

Section:

Constitution of Pakistan (1973)--------Art. 199---Constitutional petition---Supervisory powers of Minister, exercise of---Dispute between the parties was with regard to promotion of Patwaris on the basis of recommendation of the Departmental Promotion Committee---Matter had earlier been decided by Service Tribunal and Board of Revenue was directed to implement the decision of Departmental Promotion Committee---Minister passed an order and directed to hold the order of Service Tribunal in abeyance---Validity---Authorities failed to show any law or authority, which conferred the powers upon Minister authorizing him to act in revision or review over the judicial orders made by Service Tribunal and by High Court in constitutional jurisdiction---General power of supervision vesting in Government had never been deemed to include a power to interfere with the exercise of judicial functions of specified statutory authorities, unless the statue in itself contained a provisions in that behalf---Minister had no power to go behind the finding of fact recorded by Service Tribunal and acted upon by the Revenue authorities in compliance of the order of the Tribunal---As the order of Service Tribunal was not challenged by any of the parties before Supreme Court, such order had attained finality---Order passed by the Minister was without lawful authority and the same was set aside---Petition was allowed accordingly. Abdul Aziz v. Member (Colonies), Board of Revenue Punjab and others 1980 SCMR 509 rel. Ch. Saghir Ahmad for Petitioners. Abdur Rasheed Qureshi, Senior Clerk on behalf of Respondent No. 2. M. Qasim Khan, A.-A.G. along with Rana Nazir Ahmad, Naib Tehsildar for Respondent No.3. Ch. Anwar ul Haq for Respondents Nos.4 to 10. ORDER FAZAL-E-MIRAN CHAUHAN, J.---By filing this writ petition, Amjad Farooq-petitioner No.1 had called in question the order dated 4-8-2005 passed by Gull Hameed Khan Rokhri-respondent No.1 to be illegal, without lawful authority and the same may be quashed. 2. Briefly, the facts necessary for the disposal of this writ petition are that 23 vacancies of Kanugos were existed in District Rajanpur on the basis of seniority-cum-fitness. For the posts of…
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