| Case ID |
434d4a90-b232-4745-8055-fb58c0d8a3ac |
| Body |
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| Case Number |
Service Appeals Nos. 40 to 44 of 2011 |
| Decision Date |
Jun 14, 2014 |
| Hearing Date |
Jun 14, 2014 |
| Decision |
The appeals were dismissed based on the findings that the adverse remarks recorded in the Annual Confidential Reports (ACRs) of the appellant were justified and did not violate any procedural requirements. The Tribunal upheld the decision of compulsory retirement, emphasizing that the assessment of the appellant's conduct was based on the observations of superior officers who had the authority to evaluate the performance of subordinate judges. The Tribunal found that the delay in recording the adverse remarks did not affect their efficacy or legality, and that the Chief Justice's ability to record such remarks was not precluded by any prior absence from office. The decision reinforced the expectation of high standards of integrity and conduct for judicial officers, emphasizing their responsibility to maintain public confidence in the judiciary. |
| Summary |
In the case of Service Appeals Nos. 40 to 44 of 2011, the Subordinate Judiciary Service Tribunal of Khyber Pakhtunkhwa adjudicated on the compulsory retirement of a judicial officer based on adverse remarks recorded in his ACRs. The Tribunal found that the Chief Justice's evaluations were valid despite any delays in communication. Key legal frameworks included the Khyber Pakhtunkhwa Subordinate Judiciary Service Tribunal Act and the Government Servants (Efficiency and Discipline) Rules. The case highlighted the importance of maintaining judicial integrity and the rigorous standards expected of judicial officers. The Tribunal dismissed the appeals, reinforcing the legal precedent that adverse remarks do not lose validity due to delays. This case underscores the judiciary's commitment to uphold high ethical standards and accountability among its members, ensuring public trust in judicial processes. |
| Court |
Subordinate Judiciary Service Tribunal, KPK
|
| Entities Involved |
Not available
|
| Judges |
Qaiser Rashid Khan,
Malik Manzoor Hussain
|
| Lawyers |
Amjad Ali,
Aamir,
Malik Mujtaba Ahmad
|
| Petitioners |
Faqir-ur-Rehman Jadoon
|
| Respondents |
Chief Justice/AUTHORITY, through Registrar, Peshawar High Court,
Amjad Ali,
Aamir
|
| Citations |
2014 SLD 328,
2014 PLC 1344
|
| Other Citations |
Ch. Shabbir Hussain v. Registrar, Lahore High Court Lahore 2004 PLC (C.S.) 236,
Syed Tahir Hussain Sherazi v. The Governor of the Punjab 1990 SCMR 1510,
Lahore High Court, Lahore through its Registrar v. K.M. Sohel 2001 PLC (C.S.) 1253,
Mehar Khan Meo v. High Court of Sindh 2007 SCMR 632,
Inspector-General of Police v. Altaf Majid 1994 SCMR 1348,
Lahore High Court, Lahore through Registrar v. Muhammad Jahangir Khan Goraya 1999 SCMR 2117
|
| Laws Involved |
Khyber Pakhtunkhwa Subordinate Judiciary Service Tribunal Act,
Khyber Pakhtunkhwa Government Servants (Efficiency and Discipline) Rules, 1973
|
| Sections |
5,
4(1)(b)(ii)
|