IMTIAZ AHMAD SADIQ, ADDITIONAL DIRECTOR, ANTI-CORRUPTION, HEADQUARTE_0660ac6c
This matter concerns a petition for leave to appeal filed against a judgment of the Punjab Service Tribunal, which had allowed an appeal by the respondent regarding his promotion to BS-20. The respondent had been declared eligible for promotion and entitled to move-over in BS-20. The petitioners, representing the Anti-Corruption establishment, challenged this decision before the Supreme Court of Pakistan. The core legal questions involve the competency of the appeal before the Service Tribunal under statutory bars regarding fitness for promotion, the jurisdiction of the Tribunal to order promotions directly rather than remanding the matter to the competent authority, and the procedural fairness of passing orders affecting third parties without their presence or opportunity to be heard. The Supreme Court granted leave to appeal to examine these issues, noting that the Tribunal's order potentially overstepped its jurisdiction by directing promotion rather than allowing the competent authority to consider the respondent's case alongside other eligible officers. The Court maintained an interim order pending the final disposal of the appeal to preserve the status quo.
- Is an appeal competent before the Punjab Service Tribunal against an order determining the fitness of a person to be promoted to a higher post or grade?
- Does the Punjab Service Tribunal have the jurisdiction to order the promotion of a civil servant directly, or must it remand the matter to the competent authority?
- Can a Service Tribunal pass an order that adversely affects other officers without affording them an opportunity of being heard?
- Section 4(b), Punjab Service Tribunals Act 1974
' ZIA MAHMOOD MIRZA, J.---Petitioners seek leave to appeal against the judgment of the Punjab Service Tribunal dated 13-11-1993 whereby appeal of respondent No,1 has been allowed holding that "he was an officer in his own right in BS-19 and quite eligible for promotion in BS-20 against the post available to him on his turn in that scale. He shall also be entitled to move-over in BS-20 subject to usual conditions".
2. Having heard the learned counsel for the parties, we find it a fit case to grant leave to appeal to examine, inter alia:--
(1) Whether the appeal filed by respondent No, 1 before the Punjab Service Tribunal was at all competent in view of the bar contained in section 4(b) of the Punjab Service Tribunals Act, 1974 whereunder no appeal lies to the Tribunal against the order of the competent Authority determining the fitness or otherwise of a person to be appointed to or hold a particular post or to be promoted to a higher post or grade?
(2) Whether the order of the learned Tribunal amounted to ordering the promotion of respondent No, 1 to Grade-19 and Grade-20 and if so, whether the learned Tribunal had the jurisdiction to order such promotions rather than allowing the competent Authority to consider the case of respondent No, 1 alongwith other eligible officers?
(3) Whether the impugned order of the Service Tribunal has adversely affected the petitioners and whether such an order could be passed in their absence and without affording them opportunity of being heard?
2. The interim order already passed by this Court on 16-1-1994 shall continue pending the final disposal of the appeal.