1985 PLP 1057 (SCMR)
SIRAJ‑UL‑HAQ‑‑Petitioner Versus ABDUR RASHID and another‑‑Respondents
| Citation | 1985 PLP 1057 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah and M. S. H. Quraishi, JJ |
| Parties | SIRAJ‑UL‑HAQ‑‑Petitioner Versus ABDUR RASHID and another‑‑Respondents |
Q1: What are the key laws and sections cited in 1985 PLP 1057 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1985 PLP 1057 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and M. S. H. Quraishi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1985 PLP 1057 (SCMR) (SIRAJ‑UL‑HAQ‑‑Petitioner Versus ABDUR RASHID and another‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Sadiq Warraich, Advocate Supreme Court and Khan Imtiaz Muhammad Khan, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 16th March, 1985.
Headnotes / Summary
(On appeal from the judgment dated 10‑4‑1984 of the Federal Service Tribunal in Appeal No.167(R) of 1982). Constitution of Pakistan (1973)‑‑ ‑‑‑Art. 212‑‑Service Tribunals Act (LXX of 1973), S.5(1)‑‑Order of posting of civil servant found contrary to rules‑‑Federal Service Tribunal issuing directive to decide case on merits challenged‑‑Findings of Tribunal being based on correct reading of relevant Rules, held, not open to interference‑‑Leave to appeal refused.
Judgment & Decree
NASIM HASAN SHAH, J.‑‑According to the office report this petition is barred by 19 days. However, for the reasons given in the application for condonation of delay, the delay is condoned and the petition taken up on the_ merits. The petitioner herein (Siraj‑ul‑Haq) has questioned the order of the Federal Service Tribunal Islamabad dated 10‑4‑1984, whereby it found the order of the Director‑General, T & T, Islamabed dated 10‑1‑1982 posting the petitioner herein (Siraj‑ul‑Haq) as Assistant Director (Director) under the General Manager, Islamabad Telecommunica tion Region, Islamabad to be contrary to the rules, illegal and inoperative and issued a direction that the case of Abdur Rashid (respondent No.! herein) be considered and decided on merit. We have heard Mr. Sadiq Warraich, learned counsel for the A petitioner, at some length and are of the opinion that the finding of the Service Tribunal that the order dated 10‑1‑1982 posting Siraj‑ul‑HaG as Director (Directory) was violative of the rules is based on a correct reading of the relevant rules. This case, therefore, is not a fit one for. interference. M. I. Petition dismissed.