| Case ID |
3d5f6dcc-ab86-4f22-95b2-47f470764d86 |
| Body |
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| Case Number |
Appeal No.2474 of 2003 |
| Decision Date |
Dec 17, 2003 |
| Hearing Date |
Dec 16, 2003 |
| Decision |
The appeal was dismissed on the grounds that the appellant had not exhausted the remedy of filing a representation as mandated under section 21 of the Punjab Civil Servants Act, 1974, prior to approaching the Tribunal. It was determined that the appellant should first move a representation to the Governor of Punjab. The Tribunal emphasized that the jurisdiction to entertain the appeal was barred due to the provisions of section 4(1)(a) of the Punjab Service Tribunals Act, 1974. Consequently, the decision to dismiss the appeal was based on legal grounds rather than a detailed examination of the merits of the case. |
| Summary |
In this case, Dr. Zafar Hussain Iqbal, a professor of medicine, challenged his transfer from Allama Iqbal Medical College, Lahore, to Quaid-e-Azam Medical College, Bahawalpur, which he claimed was executed in bad faith and contrary to the Punjab government's transfer policy. The Service Tribunal ruled that the appeal was premature as the appellant failed to utilize the review/representation procedure required by law. The decision highlighted the importance of following procedural prerequisites before seeking legal recourse. This case underscores the necessity for civil servants to adhere to established administrative remedies before escalating disputes to higher authorities, ensuring compliance with the Punjab Civil Servants Act and the Punjab Service Tribunals Act. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Allama Iqbal Medical College, Lahore,
Quaid-e-Azam Medical College, Bahawalpur
|
| Judges |
JUSTICE (RETD.) RIAZ KAYANI,
Dr. ZAFAR HUSSAIN IQBAL
|
| Lawyers |
Dr. Ehsan ul Haq,
Khadim Hussain Sindhu,
Dr. Sajjad ul Hassan,
Seleem Sehgal
|
| Petitioners |
Dr. Zafar Hussain Iqbal
|
| Respondents |
GOVERNOR OF THE PUNJAB,
Respondent No.3,
Chief Secretary, Government of the Punjab, Lahore
|
| Citations |
2005 SLD 951,
2005 PLC 724
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants Act (VIII of 1974),
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
9,
21,
4(1)(a)
|