Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: BOOR UZ ZAMAN AHMAD VS Respondent: THE PUNJAB SERVICES TRIBUNAL AND Other
Court Name: Supreme Court of Pakistan Judge(s): Maulvi Mushtaq Hussain, Karam Elahi Chauhan Title: BOOR UZ ZAMAN AHMAD vs THE PUNJAB SERVICES TRIBUNAL AND Other Case No.: Civil Petition for Special Leave to Appeal No. 1131 of 1976Case No. 150 of 1974 Date of Judgment:1981-02-10 Reported As: 1981 SCMR 250 Result: Petition accepted
Judgment ORDER KARAM ELAHEE CHAUHAN, J.-A service appeal of the petitioner was dismissed by the Punjab Administrative Tribunal on 10.2-1975, by a quorum of two members. The petitioner has come up in a petition for special leave to appeal against the same to this Court. 2. It has been argued that according to the law as contained in section 3 of the Punjab Administrative Tribunal Act IX of 1974. The Tribunal consisted of two Members and a Chairman, and that as such the disposal of the case by two Members was not warranted under that Act. The, contention seems to have merit and is fully supported from the provisions of the aforesaid section. When confronted with this situation, learned A. A.-G. (Punjab), to whom notice had been issued, submitted, that section 7 of the Act authorised disposal of a case by two Members of the Tribunal, when any of them was unable to attend or when his seat was vacant. In this case, he submitted, that as the Chairman of the Tribunal had not been appointed, therefore, according to the provisions of section 7, the remaining two Members were competent to hear this case. The conten- -tion has no merit. Section 7 on which reliance is being placed was deleted with effect from 8-2- 1975 by the Punjab Administrative Tribunal Ordinance IX of 1975, with the result, that thereafter, two Members alone could not have disposed of the case in hand on 10-2-1975. 3. The result is that the petition is converted into an appeal and is accepted, the order of the Tribunal dated 10-2-1975 is quashed, and they are directed to redecide the appeal of the petitioner on merits. Parties to bear their own costs.