| Case ID |
427dd951-221d-45d9-abfc-c511e67425d0 |
| Body |
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| Case Number |
C.P. No. 172 of 2015 |
| Decision Date |
Mar 05, 2015 |
| Hearing Date |
Mar 05, 2015 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal, affirming the decision of the Punjab Subordinate Judiciary Service Tribunal. The Tribunal had the authority to send the case back to the Departmental Authority for a de novo inquiry, and the petitioner's argument that the Tribunal's powers were limited was found to be incorrect. The Court emphasized that the Tribunal is deemed to be a civil court and has the same powers as vested under the Code of Civil Procedure, which includes the ability to enforce attendance, compel document production, and issue commissions for witness examination. The petitioner's reliance on previous case law was deemed insufficient to warrant interference with the Tribunal's decision. |
| Summary |
This case revolves around the powers of the Punjab Subordinate Judiciary Service Tribunal under the Punjab Subordinate Judiciary Service Tribunal Act, 1991. The petitioner, Muhammad Anayet Gondal, contended that the Tribunal had limited powers to confirm, set aside, vary, or modify orders, and could not send cases back for a fresh inquiry. The Supreme Court of Pakistan, however, clarified that the Tribunal is considered a civil court and holds extensive powers similar to those outlined in the Code of Civil Procedure. The court reviewed the relevant provisions, confirming that implied powers accompany the jurisdiction granted to the Tribunal. Ultimately, the Court dismissed the petition, reiterating the Tribunal's authority to ensure fair hearings and effective judicial outcomes. The ruling highlights the importance of understanding statutory powers and the implications of case law precedents in judicial proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
EJAZ AFZAL KHAN,
QAZI FAEZ ISA
|
| Lawyers |
er in person.,
Nemo for Respondents
|
| Petitioners |
MUHAMMAD ANAYET GONDAL
|
| Respondents |
another,
The REGISTRAR, LAHORE HIGH COURT, LAHORE
|
| Citations |
2015 SLD 935,
2015 PLC 1210
|
| Other Citations |
2000 PLC (C.S.) 706
|
| Laws Involved |
Punjab Subordinate Judiciary Service Tribunal Act,
Constitution of Pakistan
|
| Sections |
6(2),
185(3)
|