LHC directs to place case of terminated Civil Judge before competent authority for decision

Dr Waqar Ch

Lahore—The Punjab Subordinate Judiciary Services Tribunal of LHC Monday directed the Registrar to place the case of terminated civil judge before the competent authority for decision in line with verdict of Administrative Committee wherein 5 other civil judges were reinstated into service with all back benefits and pro forma promotion.
Hafiz Tariq Nasim, Advocate Supreme Court, counsel for the appellant Muhammad Khalid Farooq informed the tribunal that the services of appellant were terminated along with other six civil judges during probation under section 10 of the Punjab Civil Servant Act 1974.
The representation was filed but same was not responded while other civil judges were reinstated in service with effect from the date of termination along with back benefits allowing them benefit of pro forma promotion by considering their intervening period as leave of kind on Jan 20 last.
The counsel while pleading argued before the 3-member tribunal that same treatment should be given to appellant at par with other reinstated civil judge strictly in accordance with the law according to notification dated Jan 28.
Sh Zawar Ahmad, advocate while representing the respondent opposed on the basis of lapse of time and prayed for dismissal of appeal which required to be decided on merit.
The tribunal headed by Justice Shahid Waheed and comprising Justice Faisal Zaman Khan and Justice Muhammad Tariq Abbasi observed that arguments canvassed by the respondent’s counsel has not persuaded us to decline the afore noted request made by Hafiz Tariq Nasim,Since the similarly placed judicial officers have been in service, the appropriate course, in the given circumstances of the case, is to dispose of this appeal by giving direction to the Registrar LHC to place before the appellant’s representation for its decision before the competent authority.

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