Pakistan Case Law
1991 SCMR 1548

MUHAMMAD ASHIQ vs MAHMOOD AKHTAR ANSARI And Another

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Citation1991 SCMR 1548
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No. 614 of 1986
Date1991-07-25
Judge(s)Shafiur Rahman and Saad Saood Jan
Authored byShafiur Rahman
ResultLeave granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a petition for leave to appeal before the Supreme Court of Pakistan, arising from a service-related dispute. The core legal questions identified for examination involve the competency of an appeal before a Service Tribunal regarding the fitness or suitability of a candidate under the relevant statutory framework, and the propriety of the Tribunal's interference with the merits of the case. The Supreme Court granted leave to appeal to address these issues of public importance. Furthermore, the Court noted a procedural deficiency, observing that the comments of the Senior Civil Judge and the Selection Committee had not been sought at any stage of the proceedings. Consequently, the Court directed that the relevant applications, including the markings made thereon, be forwarded to the then Senior Civil Judge for verification and confirmation of the markings, alongside a request for parawise comments on the memorandum of appeal previously presented to the District Judge. The matter was ordered to be heard in the presence of the record.

Questions settled in this judgment
  • Whether an appeal to the Service Tribunal is competent regarding the fitness or suitability of a person under Section 4 of the Service Tribunals Act 1974?
  • Whether the Service Tribunal is justified in interfering with the merits of a case concerning the selection or suitability of a candidate?
Laws & provisions referred
  • Section 4, Service Tribunals Act 1974
Service Tribunalfitness and suitabilityleave to appealservice lawprocedural fairnessselection committee

ORDER

SHAFIUR RAHMAN, J.---Leave to appeal is granted to examine the following questions of law of public importance:--

(1) Whether an appeal to the Tribunal was at all competent on the question of fitness/suitability of a person under section 4 of the Service Tribunals A Act, 1974?

(2) Whether the interference by the Tribunal on merits of the case was at all called for?

2. We further find that the comments of the Senior Civil Judge/Selection Committee were at no stage asked for.

3. Let the photostat of the applications on which marking has been done be sent to the then Senior Civil Judge for confirmation of the marking and whether he stands by it, and for parawise comments on memo. Of appeal presented to District Judge.

4. To be heard in the presence of the record during this year.

Cited by 1 case

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