NATIONAL BANK OF PAKISTAN vs MUMTAZ AHMAD S — 2025 CLC 1277 LAHORE-HIGH-COURT-LAHORE

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NATIONAL BANK OF PAKISTAN VS MUMTAZ AHMAD S. 3(2), proviso---Intra Court Appeal (ICA), maintainability of---Test to determine whether remedy of ICA is available---The proviso to subsection (2) of S. 3 of the Law Reforms Ordinance, 1972 bars an ICA if an appeal, review, or revision is already available under the law against the original order irrespective of the fact as to whether the remedy was availed or not by a party---Facts in brevity were that the respondent filed a Constitutional petition challenging the order passed by the President of the National Bank of Pakistan (NBP), whereby his appeal for promotion was rejected---The respondent then challenged the rejection order through a Constitutional petition---Single Judge-in-Chambers allowed the petition, set aside the rejection order, and directed NBP to reconsider the promotion case on its own merits in light of relevant Supreme Court judgments---NBP filed the instant Intra Court Appeal against decision of the Single Judge-in-Chambers---Held: As the order passed by NBP on respondent's departmental appeal was challenged through the Constitutional petition which was decided through the impugned order dated 09.05.2024, therefore, proviso to subsection (2) of S. 3 of the Law Reforms Ordinance, 1972, would be applicable for determining the question as to the maintainability of the present Intra Court Appeal---Where there was at least one appeal against the original order in the proceedings, then no appeal would be competent from the order of a Single Judge in Constitutional jurisdiction---The test was whether the original order, passed in the proceedings was subject to an appeal, revision or review under the relevant law, irrespective of the fact as to whether the remedy of appeal was availed or not by a party---Therefore, in view of proviso to S. 3(2) of the Law Reforms Ordinance, 1972, the present Intra Court Appeal against order of Single Judge, whereby order passed by the National Bank of Pakistan in respondent's appeal was set aside, was not maintainable---The present appeal as well as connected appeals were dismissed, in circumstances.

NATIONAL BANK OF PAKISTAN vs MUMTAZ AHMAD S — 2025 CLC 1277 LAHORE-HIGH-COURT-LAHORE

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