CHAIRMAN FEDERAL PUBLIC SERVICE COMMISSION, ISLAMABAD vs Dr — 2024 PLC(CS) 1251 SUPREME-COURT

Case information

Citation: 2024 PLC(CS) 1251 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: PLC
Parties: CHAIRMAN FEDERAL PUBLIC SERVICE COMMISSION, ISLAMABAD vs Dr
Subject matter: Service

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

CHAIRMAN FEDERAL PUBLIC SERVICE COMMISSION, ISLAMABAD VS Dr. HUMAIRA SIKANDAR Ss. 3a(2)(c) & 3(7)---acting Chairman of Service Tribunal---Difference of opinion as to the decision to be given on any point between a Member and acting Chairman of the Tribunal---Preference---Section 3a of Service Tribunals act, 1973 ('the act') states that whenever there is a difference of opinion on any point the same shall be decided according to the opinion of the majority---However, when members are equally divided weightage is given to the opinion of the Chairman, if he was a member of the Tribunal which had heard the matter---However, in the present case the appeals were heard by an acting Chairman, and not by the Chairman---Since the legislature in its wisdom did not mention an acting Chairman in section 3a(2)(c) of the act the Court cannot insert such words therein or imply that a Chairman would also include an acting Chairman---Moreover, the general rule, and one of logic too, is that when there is a difference of opinion amongst adjudicators the matter is referred to a third adjudicator---However, the legislature created an exception to such a general rule, and having created the exception it must be construed strictly---By applying this rule of interpretation the weightage given to the opinion of the Chairman in clause (c) of section 3a(2) of the act cannot be extended to include an acting Chairman.

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