2009 PLP 908 (SCMR)
Islamabad — Petitioner Versus IQBAL AHSAN ZAIDI and 2 others — Respondents
| Citation | 2009 PLP 908 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Abdul Hameed Dogar, C.J., Ijaz-ul-Hassan Khan and Muhammad Moosa K. Leghari, JJ |
| Parties | Islamabad — Petitioner Versus IQBAL AHSAN ZAIDI and 2 others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2009 PLP 908 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 908 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Abdul Hameed Dogar, C.J., Ijaz-ul-Hassan Khan and Muhammad Moosa K. Leghari, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 908 (SCMR) (Islamabad — Petitioner Versus IQBAL AHSAN ZAIDI and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Niaz Ahmed Rathore, D.A.-G. and Arshad Ali Chaudhry, Advocate-on Record for Petitioner.
- Nemo for Respondents.
- 2. Mr. Niaz Ahmed Rathore, learned Deputy Attorney-General, for petitioner Government, contended that Federal Service Tribunal has erred in expunging downgrading remarks recorded by Countersigning Officer in Part VI(b)(iii) i.e. "yet not fit for promotion" and in Part VI(a)(iv) i.e. "equals the majority of officers (average)" of the ACR for 1999 of respondent Iqbal Ahsan Zaidi merely stating that it was not backed by the requisite revision in the preceding Parts of the ACR. He further contended that the Tribunal has condoned period of limitation in filing appeal after rejection of earlier representation of the respondent without valid and cogent reasons.
Headnotes / Summary
(Against the judgment, dated 29-9-2007 passed by Federal Service Tribunal, Islamabad, in Appeal No.1095(R)(C.S.) of 2004).
Art. 212(3)
Service Tribunals Act (LXX of 1973), S.4
Leave to appeal was granted by Supreme Court to consider, inter alia, contentions of department that Service Tribunal had erred in expunging downgrading remarks recorded by Countersigning Officer in Part VI(b)(iii) i.e. "yet not fit for promotion" and in Part VI(a)(iv) i.e. "equals the majority of officers (average)" of the ACR of respondent civil servant merely stating that it was not backed by the requisite revision in the preceding Parts of the ACR and that the Tribunal had condoned period of limitation in filing appeal after rejection of earlier representation of the respondent without valid and cogent reasons.
Judgment & Decree
IJAZ-UL-HASSAN KHAN, J.
Government of Pakistan through Secretary Establishment Division, Cabinet Secretariat, Islamabad, has filed instant petition under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973, seeking leave against judgment, dated 29-9-2007 passed by Federal Service Tribunal, Islamabad, in Appeal No. 1095(R)(C.S.) of 2004.
2. Mr. Niaz Ahmed Rathore, learned Deputy Attorney-General, for petitioner Government, contended that Federal Service Tribunal has erred in expunging downgrading remarks recorded by Countersigning Officer in Part VI(b)(iii) i.e. "yet not fit for promotion" and in Part VI(a)(iv) i.e. "equals the majority of officers (average)" of the ACR for 1999 of respondent Iqbal Ahsan Zaidi merely stating that it was not backed by the requisite revision in the preceding Parts of the ACR. He further contended that the Tribunal has condoned period of limitation in filing appeal after rejection of earlier representation of the respondent without valid and cogent reasons.
3. Leave to appeal is granted to consider, inter alia, above contradictions raised by learned Deputy Attorney-General. M.B.A./G-12/SC Leave granted.