1989 PLP 1323 (SCMR)
BAHAWAL SHAH MAZARI‑‑Petitioner Versus KHAWAND BAKHSH KHAN MAZARl Respondent
| Citation | 1989 PLP 1323 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Ghulam Mujaddid and Saad Saood Jan, JJ |
| Parties | BAHAWAL SHAH MAZARI‑‑Petitioner Versus KHAWAND BAKHSH KHAN MAZARl Respondent |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1989 PLP 1323 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1323 (SCMR)?
The case was heard and decided by the High Court bench comprising: Ghulam Mujaddid and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1323 (SCMR) (BAHAWAL SHAH MAZARI‑‑Petitioner Versus KHAWAND BAKHSH KHAN MAZARl Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- A. W. Butt, Advocate Supreme Court and Sh. Salahuddin, Advocate‑on Record for Petitioner.
- Nemo for Respondent
- Date of hearing: 20th February, 1989.
Headnotes / Summary
(From the judgment of the Punjab Service Tribunal dated 8‑3‑1984. in Appeal No.565/551 of 1982). ‑‑‑Art.212(3)‑‑Petition for leave to appeal‑‑Promotion‑‑Service Tribunal while ‑accepting the appeal of petitioner directed that matter be referred to Promotion/Selection Committee for promotion of petitioner and after the recommendation of the committee fresh decision be taken about his promotion‑ Plea that Service Tribunal did not have jurisdiction to deal with appeal was never taken before the Tribunal‑‑Such a plea could not be availed of before Supreme Court especially when matter had been referred to the Promotion/Selection Committee‑‑ Leave a to appeal refused.
Judgment & Decree
GHULAM MUJADDID, J.‑‑Bahawal Shah Mazari, Lance Deffadar, B.M.P. Post Bara, District Rajanpur seeks leave to appeal against the judgment of the Punjab Service Tribunal dated 8‑3‑
84. The Punjab Service Tribunal by judgment dated 8‑3‑84 accepted the"‑'` appeal filed by the petitioner observing thereby‑ I am of the considered opinion that the impugned order in the field is liable to be set aside, which I set it aside accordingly, with the direction that respondent No. 3 will now refer the matter to the Promotion /Selection Committee, for promotion to the Post of Deffadar, constituted under the rules so mentioned above in the earlier part of my judgment and after receiving the recommendations of the Committee he will make a fresh decision guided by the Rules and criteria for the said post." The petitioner was not satisfied with the order of the Tribunal. He, I therefore, filed this petition for leave to appeal. The only contention raised by the learned counsel for the petitioner was that the Tribunal did not have the jurisdiction to deal with the appeal. But this position was never taken up before the Tribunal and we don't think the petitioner can avail of this please at this stage especially when the matter has been referred to the Promotion/Selection Committee. There is no merit in this petition which is hereby dismissed. M.B.A./B‑99/S Petition dismissed.