1988 PLP 1960 (SCMR)
MUHAMMAD NAWAZ KHAN — Petitioner Versus GOVERNMENT OF PAKISTAN through Secretary,
| Citation | 1988 PLP 1960 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Ali Hussain Qazilbash, JJ |
| Parties | MUHAMMAD NAWAZ KHAN — Petitioner Versus GOVERNMENT OF PAKISTAN through Secretary, |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1988 PLP 1960 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 1960 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 1960 (SCMR) (MUHAMMAD NAWAZ KHAN — Petitioner Versus GOVERNMENT OF PAKISTAN through Secretary,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abid Hassan Minto, Advocate Supreme Court and Ghulam Dastagir, Advocate-on-Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 3rd July, 1988.
- Abid Hassan Minto, Advocate Supreme Court and Ghulam Dastagir, Advocate‑on‑Record for Petitioner.
Headnotes / Summary
(Against the judgment and order of the Federal Service Tribunal, dated 5-7-1987 in Appeal No.420(R) of 1984).
Art.212--Petition for leave to appeal 'Petitioner, a lateral entrant as Deputy Secretary in Federal Government through an examination, lost his benefit when his appointment was not approved by Federal Service Commission--Petitioner's appeal before Service Tribunal also failed for his failure to obtain necessary marks--Another person in same position, however, succeeded before Tribunal--Petitioner again agitated matter with Government on basis of other appellate order but without success as Government had challenged that order before Supreme Court--Petitioner again filed appeal before Tribunal which had been dismissed mainly on grounds that one wrong order could not justify passing of another and in any case there being no power of review it was difficult to avoid indirect bar of res judicata--Leave to appeal granted to examine, inter alia, effect of dismissal of appeal by Supreme Court against that other person as time--barred with the direction that that other person should also be impleaded as respondent.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought by the petitioner against the dismissal of his appeal by the Federal Service Tribunal. The petitioner, a lateral entrant as Deputy Secretary in the Federal Government through an examination held in 1973, lost this benefit when the Federal Service Commission declined to approve his appointment. His appeal before the Federal Service Tribunal also failed mainly on the ground that according to the correct calculation, he had failed to obtain the necessary marks. Another person, Rao Fazal Khan Akhtar, in the same position, however, had succeeded before the Tribunal. The petitioner, it is asserted, again agitated the matter with the Government on the basis of the other appellate order; but without success, as the Government had challenged that order in this Court. The petitioner again filed appeal before the Tribunal which has been dismissed mainly on the grounds that one wrong order could not justify passing of another‑‑in any case, there being no power of review, it was difficult to avoid indirect bar of res judicats. After hearing the learned counsel, we consider it a fit case for grant of leave to appeal and grant the same to examine, inter alia, the effect of dismissal of appeal by this Court against Rao Fazall Khan Akhtar, as time‑barred. He also, be impleaded as respondent in this appeal. Appeal to be heard on the present record with direction to the parties to file all necessary additional documents. M.Y.H./M‑554/S Leave to appeal granted.