| Case ID |
00c3521e-0886-4cba-9fec-938a1604d604 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 256 of 2015 |
| Decision Date |
Apr 01, 2016 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the appellants were not parties to the proceedings before the Service Tribunal. The notification dated 23.10.2012, which was challenged by the private secretaries and superintendents, was set aside by the Tribunal without the appellants being heard. The Court highlighted that the appellants had a legal right to contest the matter, but since they were not included in the original proceedings, the cancellation of their promotion was not warranted. The Court ruled that the Service Tribunal had acted beyond its jurisdiction in this matter, leading to the dismissal of the appeal. |
| Summary |
This case revolves around an appeal filed by Raja Muhammad Arif and Mumtaz Ahmed against a decision of the Service Tribunal that set aside a notification regarding the promotion of private secretaries to Section Officers. The Supreme Court (AJ&K) found that the appellants were not parties to the original tribunal proceedings, thus their rights were infringed upon. The case emphasizes the importance of being heard in administrative matters and the legal implications of not including all affected parties in such decisions. The appeal was ultimately dismissed, reinforcing the principles of fair hearing and due process in administrative law. Keywords such as 'administrative justice', 'service tribunal', 'court appeal', and 'promotion rights' are crucial in understanding the legal landscape surrounding this case. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
CH. MUHAMMAD IBRAHIM ZIA,
RAJA SAEED AKRAM KHAN
|
| Lawyers |
Raja Amjid Ali Khan
|
| Petitioners |
Raja Muhammad Arif,
Mumtaz Ahmed
|
| Respondents |
Muhammad Yaqoob Janjua
|
| Citations |
2016 SLD 1912,
2016 SCAJK
|
| Other Citations |
Not available
|
| Laws Involved |
Not available
|
| Sections |
Not available
|