TANVEER SHOUKAT vs DISTRICT & SESSIONS JUDGE, NAROWAL, etc.
This matter arises from a petition filed against the order of the District and Sessions Judge, Narowal, acting as the Appellate Authority. The core legal question concerned whether the petitioner possessed sufficient proficiency in the Urdu language to perform his routine duties, contrary to the findings of the lower appellate authority. The Supreme Court of Pakistan examined the record and noted that the petitioner demonstrated the ability to write simple sentences in Urdu when called upon in person. Consequently, the Court converted the petition into an appeal and accepted it, setting aside both the impugned judgment and the lower appellate authority's order. The Court held that findings regarding language proficiency must be supported by actual demonstration and diligent application of mind. It laid down the principle that administrative or appellate orders regarding competency must be based on tangible assessment of facts on record rather than unsubstantial observations.
- Whether an appellate authority's finding regarding language proficiency can be sustained without diligent application of mind and tangible assessment?
- Can the Supreme Court convert a petition into an appeal and set aside an unsubstantial order passed by a lower appellate authority?
ORDER
1. Javed Iqbal, J.--Heard Mr. Pervaiz Inayat Malik, learned ASC on behalf of petitioner and Mr. Akhtar Ali Qurshi, learned Assistant Advocate General Punjab for the respondents, scanned the entire record and perused the judgment impugned as well as the order passed by the learned District Judge, Narowal (Appellate Authority). It appears that the order has not been passed with diligent application of mind as the petitioner appears to be well conversant with Urdu Language and has got reasonable skill in writing Urdu which makes him capable to perform his routine duties. The learned District Judge (Appellate Authority) has on the contrary observed that the petitioner is not capable to write even simple sentences in Urdu which observation seems to be without any substance in view of the fact that the petitioner was called in person and asked to write a few sentences in Urdu which was done by the petitioner.
2. In view of the above, this petition is converted into appeal and accepted. The judgment impugned as well as the order passed by learned District Judge, Narowal, are set aside. The appeal preferred on behalf of petitioner before the learned District Judge, Narowal (Appellate Authority) shall be treated as pending which shall be decided in accordance with law and on merits within a period of fifteen days after affording proper opportunity of hearing to all concerned. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.