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Petitioner: LAHORE HIGH'COURT, LAHORE VS Respondent: MUHAMMAD YOUNAS, CIVIL JUDGE 1ST CLASS, FORTABBAS, DISTRICT BAHAWALNAGAR
2000 P L C (C
2000 P L C (C.S.) 920
[Supreme Court of Pakistan]
Present: Irshad Hasan Khan, Raja Afrasiab Khan and Ch. Muhammad Arif, JJ
LAHORE HIGH COURT, LAHORE through Registrar
Versus
Mian MUHAMMAD YOUNAS, CIVIL JUDGE 1ST CLASS, _ FORTABBAS, DISTRICT BAHAWALNAGAR
Civil Petitions Nos. 569‑L and 570‑L of 1999, decided on 21st December, 1999.
(On appeal from the judgments dated 5‑3‑1999 passed by the Punjab Subordinate Judiciary Service Tribunal in the Lahore High Court, Lahore it Appeals Nos.7/97 and 8/97).
Punjab Subordinate Judiciary Service Tribunals Ordinance (II of 1991)
‑‑‑‑S.8‑‑‑Constitution of Pakistan (1973), Art. 212(3)‑‑‑Recording of adverse remarks in Annual Confidential Report (A.C.R.) of judicial officer‑‑ Subordinate Judiciary Service Tribunal set aside the remarks recorded in the A.C.R. of the officer‑‑‑Validity‑‑‑Leave to appeal was granted by Supreme Court to consider whether it was open to the Tribunal to accept appeal of the officer relating to adverse remarks recorded by Inspection Judge of High Court/Countersigning Officer in the facts and circumstances of the case; whether judgment of Tribunal was in conflict with guidelines laid down by Supreme Court regarding recording of A.C.Rs. or was in conformity with the decisions of Supreme Court and whether decision rendered by Administrative Committee of the High Court comprising of seven Judges , including Chief Justice was liable to interference by the Tribunal comprising of three Judges of the same Court.
Inspector‑General of Police, Punjab, Lahore and 2 others v. Rana Altaf Majid 1994 SCMR 1348; Noor Elahi v. Director of Civilian Personnel, Rear Air Headquatters, Peshawar and 2 others 1997 SCMR 1749; Government of the Punjab and another v. Ehsanul Haq Sethi PLD 1986 SC 684; Chief Secretary, Government of Punjab, Lahore and 2 others v. Muhammad Saeed Zafar 1999 SCMR 1587 and Ch. Saeed Ahmed v. Federation of Pakistan through Secretary, Finance Division, Islamabad and 2 others 1996 SCMR 256 ref.
Malik M. Azam Rasool,‑ Advocate Supreme Court and Rao Muhammad Yusuf, Advocate‑on‑Record for Petitioner.
Mian Fazal Mehmood, Senior Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Respondents.
Date of hearing: 21st December, 1999.
ORDER
IRSHAD HASAN KHAN, J.‑‑‑Through this order, we intend to dispose of Civil Petitions Nos.569‑L and 570‑L of 1999 arising out of the judgments passed by the Punjab Subordinate Judiciary Service Tribunal in the Lahore High Court, Lahore (hereinafter referred to as the Tribunal) in Appeals Nos.7 of 1997 and 8 of 1997 filed by .respondent Mian Muhammad Younus, Civil Judge 1st Class, Fortabbas, District Bahawalnagar against some adverse remarks recorded by Countersigning Officer on 11‑12‑1995 in his Annual Confidential Reports (ACRs) for the period from 1‑1‑1993 to 26‑6‑1993 and 1‑1‑1994 to 30‑4‑1994, re9pectively.
2. Leave to appeal is granted to consider the following questions:
(i) Whether it was open to the Tribunal to accept the appeal of the respondent relating to the adverse remarks recorded by the Inspection Judge of the Lahore High Court/Countersigning Officer in the facts and circumstances of the case?
(ii) Whether the impugned judgment is in conflict with the guidelines laid down by this Court regarding recording of ACRs in the case of Inspector‑General of Police, Punjab, Lahore and 2 others v. Rana Altaf Majid (1994 SCMR 1348), Noor Elahi v. Director of Civilian Personnel, Rear Air Headquarters, Peshawar and 2 others (1997 SCMR 1749) and Government of the Punjab and another v. Ehsanul Haq Sethi (PLD 1986 SC 684) reiterated in the judgment in Jahangir Goraya's case Civil Appeal No. 823 of 1990, decided on 29‑11‑1992?
(iii) Whether the impugned judgment is in conformity with the decisions of this Court in Chief Secretary, Government of Punjab, Lahore and 2 others v. Muhammad Saeed Zafar (1999 SCMR 1587), and Ch. Saeed Ahmed v. Federation of Pakistan through Secretary, Finance Division, Islamabad and 2 others (1996 SCMR 256)?
(iv) Whether the decision rendered by the Administrative Committee comprising of seven Hon'ble Judges including the Chief Justice was liable to interference by the Tribunal comprising of three Hon'ble I Judges of the same Court?
3. In the meanwhile, operation of the impugned judgment is suspended.
4. As the question with regard to the exercise of jurisdiction by the Tribunal itself is in question; the office is directed to place the matter before the Hon'ble Chief Justice for constitution of a larger Bench comprising of not less than five Judges. The appeals be listed for hearing during the month of March 2000, subject to the orders of Hon'ble Chief Justice.
Q.M.H/M.A.AK/L-2/S Leave granted