2000 PLP 1068 (SCMR)
LAHORE HIGH COURT, LAHORE through Registrar — Petitioner Versus Mian MUHAMMAD YOUNAS, CIVIL JUDGE 1ST CLASS, FORTABBAS, DISTRICT BAHAWALNAGAR — Respondent
| Citation | 2000 PLP 1068 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Irshad Hasan Khan, Raja Afrasiab Khan and Ch. Muhammad Arif, JJ |
| Parties | LAHORE HIGH COURT, LAHORE through Registrar — Petitioner Versus Mian MUHAMMAD YOUNAS, CIVIL JUDGE 1ST CLASS, FORTABBAS, DISTRICT BAHAWALNAGAR — Respondent |
| Primary Law | Punjab Subordinate Judiciary Service Tribunal Ordinance (II of 1991) |
Q1: What are the key laws and sections cited in 2000 PLP 1068 (SCMR)?
This judgment primarily cites: Punjab Subordinate Judiciary Service Tribunal Ordinance (II of 1991) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2000 PLP 1068 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Irshad Hasan Khan, Raja Afrasiab Khan and Ch. Muhammad Arif, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 PLP 1068 (SCMR) (LAHORE HIGH COURT, LAHORE through Registrar — Petitioner Versus Mian MUHAMMAD YOUNAS, CIVIL JUDGE 1ST CLASS, FORTABBAS, DISTRICT BAHAWALNAGAR — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik M. Azim Rasool, Advocate Supreme Court and Rao Muhammad Yusuf Advocate-on-Record for Petitioner.
- Mian Fazal Mehmood, Senior Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Respondents.
- Date of hearing: 21st December, 1999.
Headnotes / Summary
(On appeal from the judgments dated 5-3-1999 passed by the Punjab Subordinate Judiciary Service Tribunal in the Lahore High Court, Lahore in Appeals Nos.7/97 and 8/97).
S.8
Constitution of Pakistan (1973), Art. 212(3)
Recording of adverse remarks in Annual Confidential Report (A.C.R.) of judicial officer-- Subordinate Judiciary Service Tribunal set aside the remarks recorded in the A.C.R. of the officer
Leave to appeal was granted by Supreme Court to consider whether it was open to the Tribunal to accept appeal of the officer relating to adverse remarks recorded by Inspection Judge of High Court/Countersigning Officer in the facts and circumstances of the case; whether judgment of Tribunal was in conflict with guidelines laid down by Supreme Court regarding recording of A.C.Rs. or was in conformity with the decisions of Supreme Court and whether decision rendered by Administrative Committee of the High Court comprising of seven Judges including Chief Justice was liable to interference by the Tribunal comprising of three Judges of the same Court. Inspector-General of Police, Punjab, Lahore and 2 others v. Rana Altaf Majid 1994 SCMR 1348; Noor Elahi v. Director of Civilian Personnel, Rear Air Headquarters, Peshawar and 2 others 1997 SCMR 1749; Government of the Punjab and another v. Ehsanul Haq Sethi PLD 1986 SC 684; Chief Secretary, Government of Punjab, Lahore and 2' others v. Muhammad Saeed Zafar 1999 SCMR 1587 and Ch. Saeed Ahmed v. Federation of Pakistan through Secretary, Finance Division, Islamabad and 2 others 1996 SCMR 256 ref.
Judgment & Decree
IRSHAD HASAN KHAN, J.
Through this order, we intend to dispose of Civil Petitions Nos.569-L and 570-L of 1999 arising out of the judgments 'passed by the Punjab Subordinate Judiciary Service Tribunal in the Lahore High Court; Lahore (hereinafter referred to as the Tribunal) in Appeals Nos.7 of 1997. and 8 of 1997 filed by respondent Mian Muhammad Younus, Civil Judge 1st Class, Fortabbas, District Bahawalnagar against some adverse remarks recorded by Countersigning Officer on 11-12-1995 in his Annual Confidential Reports (ACRs) for the period from 1-1-1993 to 26-6-1993 and 1-1-1994 to 30-4-1994,, respectively.
2. Leave to appeal is granted to consider the following questions: (i) Whether it was open to the Tribunal to accept the appeal of the respondent relating to the adverse remarks recorded by the Inspection Judge of the Lahore High Court/Countersigning Officer in the facts and circumstances of the case? (ii) Whether the impugned judgment is in conflict with the guidelines laid down by this Court regarding recording of ACRs in the case of Inspector-General of Police, Punjab, Lahore and 2 others v. Rana A1taf Majid (1994 SCMR 1348), Noor Elahi v. Director of Civilian Personnel, Rear Air Headquarters, Peshawar and 2 others (1997 SCMR 1749) and Government of the Punjab and another v. Ehsanul Haq Sethi (PLD 1986 SC 684) reiterated in the judgment in Jahangir Goraya's case - Civil Appeal No. 823 of 1990, decided on 29-11-1992? (iii) Whether the impugned judgment is in conformity with the decisions of this Court in Chief Secretary, Government of Punjab, Lahore and 2 others v. Muhammad Saeed Zafar (1999 SCMR 1587), and Ch. Saeed Ahmed v. Federation of Pakistan through Secretary, Finance Division, Islamabad and 2 others (1996 SCMR 256)? (iii) Whether the decision rendered by the Administrative Committee comprising of seven Hon'ble Judge including the Chief Justice was liable to interference by the Tribunal comprising of three Hon'ble Judges of the same Court?
3. In the meanwhile, operation of the impugned judgment is suspended.
4. As the question with regard to the exercise of jurisdiction by the Tribunal itself is in question, the office is directed to place the matter before the Hon'ble Chief Justice for constitution of a larger Bench comprising of not less than five Judges. The appeals be listed for hearing during the month of March 2000, subject to the orders of Hon'ble Chief Justice. Q.M.H./M.A.K./L-2/S Leave granted.