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Petitioner: ASHFAQ AHMED QURESHI VS Respondent: PROVINCE OF PUNJAB
1992 P L C (C
1992 P L C (C.S.) 898
[Lahore High Court]
Before Munir A. Sheikh, J
ASHFAQ AHMED QURESHI
Versus
PROVINCE OF PUNJAB and others
Writ Petition No. 6351 of 1991, decided on 2nd February, 1992.
(a) Punjab Service Tribunals Act (IX of 1974)----
----S. 4(1), proviso---Service Tribunal---Jurisdiction---Extent---Jurisdiction of Service Tribunal does not extend to the decision of departmental authority about the fitness of a person for promotion to a post---Order whereby respondent civil servant was promoted to the detriment of petitioner's right, could not be challenged before Service Tribunal---Bar of jurisdiction placed on Courts other than Service Tribunal, in respect of any matter to which jurisdiction of the Tribunal extended, was not applicable to matters relating to fitness of a person to be promoted to a post.
Abdul Wahab Khan v. Government of the Punjab and 3 others PLD 1989 SC 508 and Pakistan International Airlines and another v. F.M. Shamsi PLD 1990 SC 943 ref.
(b) Discretion-
---- Discretion vested in Authority in a particular matter was required to be exercised justly, fairly and on the basis of criteria of reasonableness---Where exercise of discretionary power was likely to affect the existing rights of any other person, such person must be heard according to rules of natural justice which are to be read in every statute unless their application was expressly dispensed with, before passing any order---Such discretionary power could not be exercised arbitrarily, whimsically and mechanically.
(c) Natural justice, principles of---
----Where exercise of discretionary power was likely to affect existing rights of any other person, such person must be heard according to rules of natural justice which are to be read in every statute unless their application was expressly dispensed with, before passing any order.
(d) Constitution of Pakistan (1973)----
----Art. 199---Petitioner adversely affected regarding his rights of promotion by. the impugned order of Authority was condemned unheard, as no opportunity of hearing was given to him before passing impugned order, his Constitutional petition was liable to succeed---Impugned order whereby rights to promotion of petitioner were affected was declared to have been passed without lawful authority and of no legal effect:
Saleem Akhtar Bhalli and others v. Secretary to Government of the Punjab, Communications and Works Department Lahore and others 1985 SCMR 950 and Government of the Punjab through Chief Secretary, Punjab Lahore v. Safdar Ali Chaudhry and others 1991 SCMR 634 ref.
(e) Civil service----
---- Seniority for a civil servant in a particular grade/cadre was a valuable right for it carried certain rights and privileges.
Syed Jamshed Ali and Sh. Afzaal Ahmad Qureshi for Petitioner.
?Sh. Muhammad Rashid for Respondents Nos. 1 and 2
?Raja Muhammad Anwar for Respondent No. 3
Date of hearing: 26th January, 1992.