MUHAMMAD SAEED MINHAS vs PROVINCE OF PUNJAB THROUGH SECRETARY — 1964 PLD 64

Citation: 1964 PLD 64

Court: Civil Services Tribunal

Year: 1971

Decision Date: 1971-05-05

Parties: MUHAMMAD SAEED MINHAS vs PROVINCE OF PUNJAB THROUGH SECRETARY TO THE

Headnotes

Case cited as PLD 1964 SC 64

Judgment Text

Court Name: Civil Services Tribunal Judge(s): S. A. Mahmood, Ashfaq Ali Khan Title:MUHAMMAD SAEED MINHAS vs PROVINCE OF PUNJAB THROUGH SECRETARY TO THE Case No.: Case No. 500/189 Date of Judgment:1971-05-05 Reported As: 1971 PLC 226 [C.S.T.] Result: N/A Judgment ORDER S. A MAHMOOD (CHAIRMAN).-When this case was taken up on 5th May 1971, an objection was raised on- behalf of the appellant that as the Chairman of the Tribunal had appeared as a counsel for the State in Writ Petition No. 351 of 1956 before a Division Bench of the High Court of the West Pakistan, the Tribunal will not be properly constituted if the Chairman participates in the proceedings of the Tribunal. The case was adjourned to today for hearing of arguments. The matter has been argued by Mr. Murtaza Hussain, Advocate for the appellant and Mr. Mohammad Ilyas, Advocate for the respondent. The learned counsel for the appellant relied on PLD 1957 SC (Ind.) 346. Their Lordships observed in this case "This is well settled that every member of the Tribunal that is called upon to try an issue in judicial proceeding must be able to act judicially; and it is of the essence of judicial decision and judicial administration that a Judge should be able to act impartially, objectively and without any bias. In such a case, the test is not whether in fact a bias affects a judgment; the test always is and must be whether a litigant could reasonably apprehend that a bias attributed to a member of the Tribunal might have…

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