1999SCMR2383 (PLP)
FAIZ AHMAD KHAN and another — Petitioners Versus MUHAMMAD RAMZAN ABID and 2 others — Respondents
| Citation | 1999SCMR2383 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Raja Afrasiab Khan and Ch. Muhammad Arif, JJ |
| Parties | FAIZ AHMAD KHAN and another — Petitioners Versus MUHAMMAD RAMZAN ABID and 2 others — Respondents |
| Primary Law | Punjab Service Tribunals Act (IX of 1974) |
Q1: What are the key laws and sections cited in 1999SCMR2383 (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 1999SCMR2383 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: 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: 1999SCMR2383 (PLP) (FAIZ AHMAD KHAN and another — Petitioners Versus MUHAMMAD RAMZAN ABID and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Mushtaq Masood, Advocate Supreme Court with Sh. Masood Akhtar, Advocate-on-Record for Petitioner. (in C.P. No. 1544-L of 1998).
- Rana Maqbool Ahmad Khan, Advocate Supreme Court for Respondents/Caveators (in C.P. No. 1544-L of 1998).
- Muhammad Sharif Butt, Advocate Supreme Court for Petitioners (in C.P. No. 1684-L of 1998).
- Rana Maqbool Ahmad Khan, Advocate Supreme Court for Respondent (in C.P. No. 168.4-L of 1998).
- Date of hearing: 24th November, 1998.
Headnotes / Summary
(On appeal from the order of the Punjab Service Tribunal, dated 3-8-1998, passed in Appeal No.329 of 1998).
S. 4
Constitution of Pakistan (1973), Art.212(3)
Contention was that petitioner being necessary party, Service Tribunal could not have passed impugned order without hearing him
Respondent submitted that petitioner was not an aggrieved person
Petitioner was not a party before Service Tribunal when appeal filed by respondent was accepted
Supreme Court considered appropriate to remand the case to Service Tribunal with observation that petitioner or anybody feeling aggrieved in the case before Service Tribunal, could make an application for being impleaded as a party in appeal.
Judgment & Decree
RAJA AFRASIAB KHAN, J.
On 3-8-1998, the Punjab Service Tribunal, Lahore passed the following order:-- "The record of the case has been gone through. It seems to be a rather strange position that the department is insisting for promoting its employee while the employee consistently refusing his promotion. It is also to be noted that the appellant's request of foregoing his promotion was also approved by the Chief Minister and in spite of that the department insists of promoting the appellant. The appeal is accepted and the department has no justification to impose on him the promotion against his wishes. " These petitions for leave to appeal have been instituted challenging the validity of the aforesaid order of the Tribunal.
2. Learned counsel for the petitioner in C. P. 1544-L of 1998 has submitted that the petitioner was necessary party and without hearing him the impugned order could not have been passed. Learned counsel for the respondent has submitted that the petitioner is not an aggrieved person within the meaning of law.
3. Be that as it may, we are of the view that Faiz Ahmad Khan was not a party before the Tribunal when the appeal of the respondent was accepted. We consider it appropriate to remand the case to the Tribunal. The petitioner or any body else feeling aggrieved in this cause before the Tribunal may make an application before it for being impleaded as a respondent in the private respondent's Appeal No.329 of 1998. With this observation, these petitions are converted into appeal and disposed of with no order as to costs. H.B.T./F-51/S Order accordingly.