2000 SCMR 1108

KISHWAR ALAM Versus MEDICAL SUPERINTENDENT

Citation2000 SCMR 1108

CourtSupreme Court of Pakistan

Case No.Civil Petitions Nos.1345-L 1383-L, 1441-L to 1445-L, 1543-L, 1552-L, 1559-L, 1616-L, 1662-L to 1671-L, 1699-L, 1700-L to 1706-L, 1745-L and 1746-L of 1999

Date1999-11-26

Judge(s)Saiduzzaman Siddiqui, C.J., Sh. Riaz Ahmed and Ch. Muhammad Arif

Authored bySaiduzzaman Siddiqui

ResultOrder accordingly

AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from a petition for leave to appeal where the Supreme Court had orally announced an order granting leave to appeal. Subsequently, it was brought to the notice of the Court by the office that another learned Bench of the Court had previously declined leave against the order of the Service Tribunal under similar circumstances on the merits, a fact that was omitted by the counsel for the parties during the hearing. Consequently, the Court recalled its orally pronounced leave granting order and directed the matter to be fixed for rehearing before the Court according to the roster. The core legal question involved the propriety of recalling an orally announced leave granting order when prior contradictory binding precedents of the same Court on identical matters were not brought to the attention of the bench at the time of the hearing. The Court held that the order granting leave must be recalled for a rehearing in light of the prior consistent dismissals in similar circumstances.

Questions settled in this judgment

Can the Supreme Court recall an orally announced leave granting order if prior inconsistent or consistent binding decisions of coordinate benches were not brought to its notice during the hearing?
What is the procedure when counsel fail to apprise the Court of earlier judgments passed in similar circumstances by another bench?

leave to appealrecall of orderservice tribunalSupreme Court procedureprecedent

ORDER

1. SAIDUZZAMAN SIDDIQUI, C.J.--- We. had orally announced the order in above cases granting leave to appeal. However, while dictating order in the cases, it has been brought to our notice by the office that in similar cases (C.Ps. 1803-L to 1831-L of 1998 and others) a learned Bench of this Court, consisting of Ajmal Mian, C.J., Munawar Ahmed Mirza and Ch. Muhammad Arif, JJ., had declined leave against the order of learned Service Tribunal in similar circumstances on merits. This fact was not brought to our notice either by the learned counsel for the petitioners or learned Additional Advocate-General. In these circumstances, we recall the leave granting order orally pronounced on 26-11-1999 and direct that for rehearing before the Court according to roster.

2. Q.M.H./M.A.K./K-6/S Order accordingly.