| Case ID |
e2a27677-97fd-49db-aca3-159939298fea |
| Body |
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| Case Number |
Writ Petition No. 57 of 1996 |
| Decision Date |
May 14, 1997 |
| Hearing Date |
May 14, 1997 |
| Decision |
The High Court struck down the order passed by the Senior Member of the Board of Revenue, which was deemed coram non judice and void ab initio as it was made without lawful authority. The case centered on the legality of a second departmental appeal that was not recognized under the existing laws governing civil servants in the North-West Frontier Province. The court emphasized that the only recourse for the aggrieved parties after their initial appeal was to approach the appropriate tribunal, not to seek a second appeal through an unauthorized channel. This ruling reinforced the importance of adhering to established legal procedures and the authority of the courts under Article 199 of the Constitution of Pakistan. |
| Summary |
This case involves a legal dispute concerning the selection of Kanungo candidates in the North-West Frontier Province, governed by the Civil Servants (Appeal) Rules and the Kanungo Services Rules. The petitioner, Alamgir Khan, challenged the order of the Senior Member of the Board of Revenue which accepted a second departmental appeal filed by other civil servants after their initial appeal had been dismissed. The High Court found that there was no provision for a second appeal in the relevant laws and deemed the Senior Member's order to be made without authority. The decision reinforces the procedural integrity of civil service appeals and the jurisdiction of the High Court under the Constitution. This ruling is significant for civil servants and legal practitioners as it highlights the legal frameworks governing civil service promotions and the importance of following proper legal channels for grievances. |
| Court |
Peshawar High Court
|
| Entities Involved |
Departmental Promotion Committee,
North-West Frontier Province
|
| Judges |
SHAH, JEHAN KHAN, J
|
| Lawyers |
Muhammad Khan for Petitioner,
Shaukat Hayat Khan for Respondents Nos. 1 to 5,
Sh. M. Bashir Gohar for Respondents Nos. 6 to 8
|
| Petitioners |
ALAMGIR KHAN
|
| Respondents |
others,
GOVERNMENT OF N.W.F.P.
|
| Citations |
1998 SLD 1400,
1998 PLC 504
|
| Other Citations |
1990 PLC (C. S.) 313
|
| Laws Involved |
North-West Frontier Province Civil Servants (Appeal) Rules, 1986,
West Pakistan Kanungo Services (Northern Zone) Rules, 1964,
Constitution of Pakistan (1973)
|
| Sections |
R. 3,
Rr. 4(a),
5(3),
Art. 199
|