DEAN/CHIEF EXECUTIVE, GOMAL MEDICAL COLLEGE, MEDICAL TEACHING INSTITUTION, D.I. KHAN vs MUHAMMAD ARMAGHAN KHAN Preamble — 2023 PLC(CS) 501 SUPREME-COURT

Case information

Citation: 2023 PLC(CS) 501 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: PLC
Parties: DEAN/CHIEF EXECUTIVE, GOMAL MEDICAL COLLEGE, MEDICAL TEACHING INSTITUTION, D.I. KHAN vs MUHAMMAD ARMAGHAN KHAN Preamble
Subject matter: Service
Provisions referred to: S. 3-B; Preamble---Sindh Service Tribunals Act (XV of 1973); Pakhtunkhwa Subordinate Judiciary Service Tribunal Act (VIII of 1991); Preamble---Balochistan District Judiciary Act (I of 2021); Preamble---Islamabad Subordinate Judiciary Service Tribunal Act (V of 2016); Capital---Maintainability---Islamabad Subordinate Judiciary Service Tribunal Act (the 2016 Islamabad Act'); Punjab Subordinate Judiciary Service Tribunal Act; Punjab Act; Sindh Service Tribunals Act; Sindh Act; Pakhtunkhwa Subordinate Judiciary Service Tribunal Act; KPK Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

DEAN/CHIEF EXECUTIVE, GOMAL MEDICAL COLLEGE, MEDICAL TEACHING INSTITUTION, D.I. KHAN VS MUHAMMAD ARMAGHAN KHAN Preamble---Sindh Service Tribunals Act (XV of 1973), S. 3-B [as amended by the Sindh Service Tribunals (Amendment) Act, 1991]---Khyber Pakhtunkhwa Subordinate Judiciary Service Tribunal Act (VIII of 1991), Preamble---Balochistan District Judiciary Act (I of 2021), Preamble---Islamabad Subordinate Judiciary Service Tribunal Act (V of 2016)---Constitution of Pakistan, Articles 212(2), proviso & 212(3)---Appeal to the Supreme Court under Article 212(3) of the Constitution from orders of Tribunals in relation to District judiciaries in the Provinces and Federal Capital---Maintainability---Islamabad Subordinate Judiciary Service Tribunal Act (the 2016 Islamabad Act') presents no difficulties, as it is Federal legislation and clause (2) of Article 212 of the Constitution applies in relation thereto automatically---Door to clause (3) of Article 212 is therefore open---However, this is not so in respect of the Provincial legislation, being the Punjab Subordinate Judiciary Service Tribunal Act, 1991 ('the 1991 Punjab Act'), the Sindh Service Tribunals Act, 1973 ('the 1973 Sindh Act'), the Khyber Pakhtunkhwa Subordinate Judiciary Service Tribunal Act, 1991 ('the 1991 KPK Act'), and the Balochistan District Judiciary Act, 2021 ('the 2021 Balochistan Act')---Position of the Tribunals (for subordinate judiciary) set up under the said laws is different in the sense that no appeal to the Supreme Court is (at present) maintainable under Article 212(3) against decisions of the said Tribunals---Directions issues by the Supreme Court in such regard stated.

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