Judge of Accountability Court

2012 PLC(CS) 1344 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 5-ANational Judicial Policy, Chapter AConstitution of Pakistan, Art. 199Constitutional petitionJudge of Accountability CourtTenurePre­mature terminationIndependence of judiciary

Petitioners were District and Sessions Judges who were appointed as Judges of Accountability Courts for a period of three years on contract

After issuance of National Judicial Policy, contract of petitioners were terminated pre-maturely on their retirement

Plea raised by petitioners was that National Judicial Policy referred to the members of superior judiciary only

Validity

Authorities in compliance of National Judicial Policy issued termination letter in question

Petitioners were not retired Judges of Superior Judiciary and were retired Judges of District Judiciary but authorities wrongly treating petitioners retired Judges of Superior Judiciary terminated petitioners contract of service prematurely

Petitioners were awarded three years contract under S.5-A(3) of National Accountability Ordinance, 1999, commencing from their initial appointment, when they were members of District Judiciary and after their retirement from District Judiciary

Petitioners were not retired members of Superior Judiciary and as such National Judicial Policy was not applicable to them

High Court in exercise of Constitutional jurisdiction declared the notification illegal and without lawful authority

Petition was allowed accordingly.