| Case ID |
09c2d826-65ce-406d-af13-bddab38659de |
| Body |
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| Case Number |
Writ Petition No.9568 of 2002 |
| Decision Date |
Oct 17, 2002 |
| Hearing Date |
|
| Decision |
The petitioner challenged the legality of the order dated 4-3-2002 regarding withholding his promotion. The Lahore High Court found that the Service Tribunal did not have jurisdiction to determine the fitness of the petitioner for promotion. The court noted that the petitioner had previously accepted the Tribunal's finding on jurisdiction but was aggrieved by the lack of a speaking order regarding his promotion. The court emphasized the obligation of public functionaries to decide representations with reasons. Ultimately, the impugned order was set aside, and the case was remanded to the authorities for fresh adjudication of the petitioner's representation. |
| Summary |
This case revolves around the promotion of a civil servant, Muhammad Yousuf, who filed a writ petition against the withholding of his promotion by the Inspector General of Police, Punjab. The Lahore High Court evaluated the jurisdiction of the Service Tribunal and the obligations of public functionaries under the General Clauses Act. The court found that the Tribunal's inability to assess fitness for promotion was justified but criticized the lack of a reasoned decision regarding the denial of promotion. The ruling emphasizes the importance of transparency in administrative decisions and the right of civil servants to challenge unjust actions. The court's decision to remand the case for fresh consideration highlights the judicial commitment to ensuring fair treatment and adherence to legal principles in public service promotions. This case is significant for civil service law, promoting accountability and fairness in administrative actions. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
CH. IJAZ AHMAD, J
|
| Lawyers |
Hafiz Tariq Naseem,
Muhammad Hanif Khattana
|
| Petitioners |
MUHAMMAD YOUSUF
|
| Respondents |
2 others,
INSPECTOR GENERAL OF POLICE, PUNJAB CIVIL SECRETARIAT, LAHORE
|
| Citations |
2003 SLD 944,
2003 PLC 675
|
| Other Citations |
Capt. Sarfraz Ahmad Mufti v. Government of Punjab 1991 SCMR 1637,
Muhammad Ahsan-ul-Haq v. Secretary to Government of Pakistan 1997 PLC (C.S.) 127,
Barkat Ali v. Muhammad Ehsan 2000 PLC (C.S.) 123,
N.A. Qureshi v. Government of Punjab PLD 1982 Lah. 242,
Tahir Latif Sheikh v. Federation 2000 PLC (C.S.) 582,
Khan Sahib Sher Muhammad Mir v. Islamic Republic of Pakistan 1987 SCMR 92
|
| Laws Involved |
Punjab Service Tribunals Act,
Constitution of Pakistan,
General Clauses Act
|
| Sections |
4(1)(b),
199,
24-A
|