| Citation(s) |
|---|
| 2007 SLG 167 2007 SLD 167 2007 SCMR 330 |
Supreme Court of Pakistan
Civil Appeals Nos.593 to 596 of 2003, decision dated: 21st September, 2006
MIAN SITAKIRULLAH, JAN AND CH. IJAZ AHMED, JJ
Dr. A. Basic, Senior Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Appellants (in C.As. Nos.593 of 2003) Mrs. Afshan Ghazanfar, A.A.G. along with Irfan (Litigation Officer) for
Respondents Nos.] and 2 (in C.As. Nos.593 of 2003) H
Civil Appeals Nos.593 to 596 of 2003, decision dated: 21st September, 2006
MIAN SITAKIRULLAH, JAN AND CH. IJAZ AHMED, JJ
Dr. A. Basic, Senior Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Appellants (in C.As. Nos.593 of 2003) Mrs. Afshan Ghazanfar, A.A.G. along with Irfan (Litigation Officer) for
Respondents Nos.] and 2 (in C.As. Nos.593 of 2003) H
ABDUL MAJEED ZAFAR and others
VS
GOVERNOR OF THE PUNJAB through Chief Secretary and others
Law: Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974
Section: 14,7
(a) Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974----R. 14---Punjab Civil Servants Act (VIII of 1974), S.7---Seniority list, withdrawal of---Non-assigning of reason and non-issuance of notice to affected parties by Authority---Validity---Principles of natural justice, unless prohibited by wording of statute, must be read in each and every statute---Impugned order was not a speaking one lacking detailed reasons as required under law and also in order to ascertain what had compelled authority to pass same---Impugned order was set aside with directions to Authority to pass speaking order afresh with reasons after affording opportunity of hearing to all concerned. Fazalur Rehman's case PLD 1964 SC 410; Pakistan Chrome Mines Ltd.'s case 1983 SCMr 1208 and Public-at-Larges case PLD 1987 SC 304 rel.. (b) Natural justice, principles of--- ----Principles of natural justice, unless prohibited by wording of statute, must be read in each and every statute. Fazalur Rehman's case PLD 1964 SC 410; Pakistan Chrome Mines Ltd.'s case 1983 SCMr 1208 and Public-at-Larges case PLD 1987 SC 304 rel. (c) Constitution of Pakistan (1973)--- ----Arts. 4 & 5(2)---Public functionaries, duty of---To act in accordance with law without fear, favour and nepotism. Ch. Zahoor Elahi's case PLD 1973 SC 383 rel. ORDER The captioned appeals were disposed of by this Court through a short order in the following term:-- Short order "The detailed reasons will be recorded later on. The basic order which has been passed by the Department (Secretary), dated 10-7-2001 whereby a separate seniority list prepared by the department was withdrawn but the said order is not a speaking one and is lacking the detailed reasons as required under the law and also in order to ascertain what has compelled the authority to recall the earlier one for re-fixing the A seniority. Resultantly while setting aside the judgment of the Service Tribunal and that of the Secretary concerned, we remand the cases back to the Secretary, Government of the Punjab, Agriculture Department for passing a speaking order afresh with reasons thereto after affording opportunity of hearing to all concerned. However,…
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