Expunction of observations

2021 PLC(CS) 1304 KARACHI-HIGH-COURT-SINDH Judicial Precedent

O.XXXIX, Rr.1 & 2Interim injunctionDisobedience or breach of injunctionConsequencesExpunction of observationsScope

On the strength of credentials and being number one in the list of candidates, short listed for appointment of Vice Chancellor, appellant filed a suit as she viewed discrimination at the hands of the authority

Injunctive order was passed directing the Authority not to make final list in respect of the selected candidates

While the injunctive order was operating, a Vice Chancellor was appointed

Appellant being aggrieved of the notification yet again filed an application for seeking appropriate injunctive orders

Single Judge of High Court apart from issuing notices observed that suspension of notification would not be proper as it would adversely affect the functioning of the University and that the interim orders passed earlier were to continue till the next date of hearing

Validity

Once an earlier injunctive order was passed, a follow up order to carry the real object of the earlier order should have been passed

Single Judge of High Court was empowered to revisit and decide the applications finally but not in a cursory manner and that too after passing adverse remarks

Single Judge of High Court could have conveniently avoided the observation as only notices were ordered

Selection of observation by the Single Judge of High Court had perhaps overlapped and overshadowed the earlier order and the mandate without the applications being actually heard and decided

Impugned order was set aside to the extent of observations, in circumstances

Appeal was allowed.

2010 GBLR 353 SUPREME-APPELATE-COURT-GILGIT Judicial Precedent

Observations of Chief Court appearing to be out of the context were ordered to be expunged by the Supreme Appellate Court.