TANVEER SHOUKAT vs DISTRICT AND SESSIONS JUDGE, NAROWAL and otherss
This matter arises from a petition filed against the order passed by the District Judge, Narowal, acting as the Appellate Authority. The core legal question concerns whether the petitioner possessed the requisite skill in writing Urdu to perform his routine duties, contrary to the finding of the lower appellate authority. The Supreme Court converted the petition into an appeal and accepted it, setting aside the impugned judgment and the order of the District Judge. The Court held that the lower appellate authority's observation regarding the petitioner's inability to write simple sentences in Urdu was without substance, as demonstrated when the petitioner was tested in person. The appeal was remanded back to the District Judge to be decided afresh on merits in accordance with the law.
- Whether an appellate authority's finding of fact regarding language proficiency can be set aside when contradicted by a direct demonstration before the court?
- Can a petition be converted into an appeal by the Supreme Court of Pakistan?
ORDER
1. ' JAVED IQBAL, J.--- Heard Mr. Pervaiz Inayat Malik, learned Advocate Supreme Court on behalf of petitioner and Mr. Akhtar Ali Qureshi, 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, is 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.