1992 PLP (C (PLC(CS))
ASHFAQ AHMED QURESHI Versus PROVINCE OF PUNJAB and others
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Munir A. Sheikh, J |
| Parties | ASHFAQ AHMED QURESHI Versus PROVINCE OF PUNJAB and others |
| Primary Law | (b) Discretion, (d) Constitution of Pakistan (1973), (a) Punjab Service Tribunals Act (IX of 1974) |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: (b) Discretion, (d) Constitution of Pakistan (1973), (a) Punjab Service Tribunals Act (IX of 1974), (e) Civil service, (c) Natural justice, principles of as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Munir A. Sheikh, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (ASHFAQ AHMED QURESHI Versus PROVINCE OF PUNJAB and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Jamshed Ali and Sh. Afzaal Ahmad Qureshi for Petitioner.
- ?Sh. Muhammad Rashid for Respondents Nos. 1 and 2
- ?Raja Muhammad Anwar for Respondent No. 3
- Date of hearing: 26th January, 1992.
Headnotes / Summary
S. 4(1), proviso
Extent
Jurisdiction of Service Tribunal does not extend to the decision of departmental authority about the fitness of a person for promotion to a post
Order whereby respondent civil servant was promoted to the detriment of petitioner's right, could not be challenged before Service Tribunal
Bar of jurisdiction placed on Courts other than Service Tribunal, in respect of any matter to which jurisdiction of the Tribunal extended, was not applicable to matters relating to fitness of a person to be promoted to a post. Abdul Wahab Khan v. Government of the Punjab and 3 others PLD 1989 SC 508 and Pakistan International Airlines and another v. F.M. Shamsi PLD 1990 SC 943 ref.
Discretion vested in Authority in a particular matter was required to be exercised justly, fairly and on the basis of criteria of reasonableness
Where exercise of discretionary power was likely to affect the existing rights of any other person, such person must be heard according to rules of natural justice which are to be read in every statute unless their application was expressly dispensed with, before passing any order
Such discretionary power could not be exercised arbitrarily, whimsically and mechanically.
Where exercise of discretionary power was likely to affect existing rights of any other person, such person must be heard according to rules of natural justice which are to be read in every statute unless their application was expressly dispensed with, before passing any order.
Art. 199
Petitioner adversely affected regarding his rights of promotion by. the impugned order of Authority was condemned unheard, as no opportunity of hearing was given to him before passing impugned order, his Constitutional petition was liable to succeed
Impugned order whereby rights to promotion of petitioner were affected was declared to have been passed without lawful authority and of no legal effect: Saleem Akhtar Bhalli and others v. Secretary to Government of the Punjab, Communications and Works Department Lahore and others 1985 SCMR 950 and Government of the Punjab through Chief Secretary, Punjab Lahore v. Safdar Ali Chaudhry and others 1991 SCMR 634 ref.
Seniority for a civil servant in a particular grade/cadre was a valuable right for it carried certain rights and privileges.
Judgment & Decree
Discretion vested in Authority in a particular matter was required to be exercised justly, fairly and on the basis of criteria of reasonableness
Where exercise of discretionary power was likely to affect the existing rights of any other person, such person must be heard according to rules of natural justice which are to be read in every statute unless their application was expressly dispensed with, before passing any order
Such discretionary power could not be exercised arbitrarily, whimsically and mechanically. (c) Natural justice, principles of
Where exercise of discretionary power was likely to affect existing rights of any other person, such person must be heard according to rules of natural justice which are to be read in every statute unless their application was expressly dispensed with, before passing any order. (d) Constitution of Pakistan (1973)
Art. 199
Petitioner adversely affected regarding his rights of promotion by. the impugned order of Authority was condemned unheard, as no opportunity of hearing was given to him before passing impugned order, his Constitutional petition was liable to succeed
Impugned order whereby rights to promotion of petitioner were affected was declared to have been passed without lawful authority and of no legal effect: Saleem Akhtar Bhalli and others v. Secretary to Government of the Punjab, Communications and Works Department Lahore and others 1985 SCMR 950 and Government of the Punjab through Chief Secretary, Punjab Lahore v. Safdar Ali Chaudhry and others 1991 SCMR 634 ref. (e) Civil service
Seniority for a civil servant in a particular grade/cadre was a valuable right for it carried certain rights and privileges. Syed Jamshed Ali and Sh. Afzaal Ahmad Qureshi for Petitioner. ?Sh. Muhammad Rashid for Respondents Nos. 1 and 2 ?Raja Muhammad Anwar for Respondent No. 3 Date of hearing: 26th January, 1992.