NASIRA ABDUL GHANI vs EDO (EDU) and others
This matter originated as a petition for leave to appeal against an order passed by the Chairman of the Punjab Service Tribunal. The petitioner challenged the Tribunal's decision to remand the respondent's case regarding her transfer to the DPI (EE) Punjab, which subsequently resulted in the granting of the respondent's request for transfer. The core legal question before the Supreme Court was whether the impugned order of the Service Tribunal was legally sustainable given the petitioner's contention that the order was passed without affording her a proper opportunity of hearing. This contention remained uncontroverted by the respondents during the proceedings. Upon consideration, the Supreme Court, with the consent of the parties, converted the petition into an appeal. The Court held that the impugned order was unsustainable due to the lack of a proper hearing. Consequently, the Court set aside the Tribunal's order and remanded the matter back to the Chairman of the Punjab Service Tribunal for fresh adjudication in accordance with the law, explicitly mandating that all concerned parties be afforded a proper opportunity of hearing before a final decision is reached.
- Can a service tribunal order be set aside if it was passed without providing an opportunity of hearing to the affected party?
- Is a matter required to be remanded for fresh adjudication when an appellate order is found to have been passed without hearing the parties?
ORDER
' FALAK SHER, J.---Aggrieved by the granting of respondent Mst. Khushnood Akhtar's appeal by the learned Chairman Punjab Service Tribunal, directed against her transfer remanding the case to DPI
(EE) Punjab on 12-3-2003, who consequently accorded her request on 9-6-2003, has recoursed to the captioned petition for leave to appeal primarily contending lack of hearing; factum whereof remained uncontroverted by the learned counsel appearing on behalf of the respondents.
2. In view whereof with the consent of the parties converting the petition into appeal is allowed, the impugned order is set-aside and the matter would be deemed to be pending before the learned Chairman for adjudication thereof in accordance with law after affording opportunity of hearing to the parties concerned.