NASIRA ABDUL GHANI vs EDO (EDU) etc.
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 case concerning the transfer of respondent Mst. Khushnood Akhtar to the DPI (EE) Punjab, which subsequently resulted in the approval of the respondent's transfer request. The core legal question before the Supreme Court was whether the impugned order of the Tribunal was passed in violation of the principles of natural justice, specifically the right to a fair hearing. The petitioner contended that the Tribunal had decided the matter without providing an adequate opportunity of hearing to the concerned parties, a factum which remained uncontroverted by the respondents. Consequently, the Supreme Court, with the consent of the parties, converted the petition into an appeal, set aside the impugned order of the Tribunal, and remanded the matter back to the Chairman of the Punjab Service Tribunal. The Court directed that the case be adjudicated afresh in accordance with the law after ensuring that all concerned parties are afforded a proper opportunity of hearing.
- Can an order passed by a Service Tribunal be set aside if it was issued without affording the parties an opportunity of hearing?
- Is a matter required to be remanded for fresh adjudication if the initial order was passed in violation of the principles of natural justice?
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, Ihas recourse to the captioned petition for leave to appeal, primarily contending lack of hearing; factum whereof remained un-controverted 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.