1990SCMR1517 (PLP)
Syed SHABBIR HUSSAIN ‑‑‑Petitioner Versus PROVINCE OF THE PUNJAB and others‑‑‑Respondents
| Citation | 1990SCMR1517 (PLP) |
| Forum / Court | High Court |
| Bench Members | Shajur Rahman and Saad Saood Jan, JJ |
| Parties | Syed SHABBIR HUSSAIN ‑‑‑Petitioner Versus PROVINCE OF THE PUNJAB and others‑‑‑Respondents |
| Primary Law | Punjab Service Tribunals Act (IX of 1974)‑‑‑ |
Q1: What are the key laws and sections cited in 1990SCMR1517 (PLP)?
This judgment primarily cites: Punjab Service Tribunals Act (IX of 1974)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990SCMR1517 (PLP)?
The case was heard and decided by the High Court bench comprising: Shajur Rahman and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990SCMR1517 (PLP) (Syed SHABBIR HUSSAIN ‑‑‑Petitioner Versus PROVINCE OF THE PUNJAB and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ata‑ur‑Rahman, Advocate‑on‑Record for Petitioner.
- Date of hearing: 23rd July, 1989.
Headnotes / Summary
(From the order dated 20‑11‑1985 of the Punjab Service Tribunal in Case No.575/938 of 1984). ‑‑‑‑S.4‑‑‑Constitution of Pakistan (1973), Art.212(3)‑‑‑Appeal against reversion‑‑ Leave to appeal‑‑‑Petitioner was promoted to higher post on recommendation of Departmental Promotion Committee subject to special report to be recorded after six months by District Food Controller‑‑‑Petitioner was reverted to his original post as special report so recorded was highly unsatisfactory‑‑‑Even though adverse remarks recorded in petitioner's annual confidential report for years preceding his promotion were expunged later on, adverse remarks recorded in special report which still stood, had furnished sufficient basis to department to direct his reversion‑‑‑Case being not fit for leave to appeal, petition was dismissed.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑‑The petitioner was serving as a Concurrent Auditor in the office of the District Food Controller, Gujrat. He received adverse reports in the years 1980 and 1981. On 20‑9‑1982, on the recommendation of the Departmental Promotion Committee, he was promoted to the post of Superintendent subject to a special report to be recorded by the District Food Controller after six months. The special report recorded by the District Food Controller was highly unsatisfactory whereupon he was reverted to his original post of Concurrent Auditor. He challenged his reversion in appeal before the Provincial Service Tribunal which was dismissed. He now seeks leave to appeal from this Court.
2. It is stated on behalf of the petitioner that the Departmental Promotion Committee had added the condition of special report to his promotion for the reason that there were adverse entries in his record for the year 1980 and 1981. These entries were later expunged by the Tribunal; consequently, the condition attached to his promotion by the Departmental Promotion Committee became inoperative. Thus, he could not be reverted for the reason that the special report recorded after 6 months was not satisfactory.
3. It is difficult to accept the contention of the petitioner. Even though the adverse remarks recorded in his annual confidential report for the years 1980 and 1981 were later expunged, the adverse remarks recorded in the special report which still stand furnished sufficient basis to the department to direct his reversion. It is therefore, not a fit case where leave to appeal should be granted. The petition is dismissed. H.B.T./S‑468/S Petition dismissed.