2012 PLP (C (PLC(CS))
PROVINCE OF SINDH and others Versus Syed AFTAB ALI SHAH
| Citation | 2012 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Anwar Zaheer Jamali and Gulzar Ahmed, JJ |
| Parties | PROVINCE OF SINDH and others Versus Syed AFTAB ALI SHAH |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2012 PLP (C (PLC(CS))?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Anwar Zaheer Jamali and Gulzar Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP (C (PLC(CS)) (PROVINCE OF SINDH and others Versus Syed AFTAB ALI SHAH). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shafi Muhammad Memon, Additional Advocate-General, Sindh and Shiraz Iqbal Chaudhry, Advocate-on-Record for Petitioners.
- Ansari Abdul Latif, Senior Advocate Supreme Court and Ghulam Qadir Jatoi, Advocate-on-Record for Respondent.
- Date of hearing: 14th March, 2012.
Headnotes / Summary
(On appeal from judgment of Sindh Service Tribunal, Karachi dated 2-7-2011 passed in Service Appeal No.122 of 2010).
Art. 212(3)
Service Tribunal restored an earlier order in favour of the civil servant (respondent), which order was made on a one time (hardship case) with the observation that same should not be quoted as precedent by other officers of the branch
Supreme Court granted leave to appeal to examine the legality and propriety of such order of the Tribunal as well as the order which had been restored thereby.
Judgment & Decree
ANWAR ZAHEER JAMALI, J.
Learned counsel for the petitioners contends that by impugned judgment dated 20-6-2011, the Sindh Service Tribunal at Karachi has set aside order dated 29-10-2009 and the appellate order dated 18-1-2010, thereby restoring the earlier order dated 15-10-2009 in favour of respondent, which in itself contained following observations:-- "This should not be quoted as precedent by the other officers of Prosecution Branch and this order is made on one time basis under the powers vested to PPO Sindh under P.R. 12.43 and 13.20 (Hardship case). Rule 12.43 reads as under:-- "Any of the Rules contained in this Chapter, may for reasons to be recorded in writing be relaxed in individual cases if the competent authority is satisfied that a strict application of the rule would cause hardship to the individual concerned."
2. In view of this position, we deem it appropriate to grant leave to appeal in this case to examine the legality and propriety of the impugned judgment of the Tribunal as well as the order dated 15-10-2009, which has been restored thereby, Order accordingly. M.W.A./P-5/SC Order accordingly.