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ZAFAR HUSSAIN BHATTI vs LAHORE HIGH COURT, LAHORE R — 2025 PLC(CS) 624 PUNJAB-SUBORDINATE-JUDICIAL-SERVICE-TRIBUNAL

Case information

Citation
2025 PLC(CS) 624 PUNJAB-SUBORDINATE-JUDICIAL-SERVICE-TRIBUNAL
Year
2025
Reporter
PLC
Parties
ZAFAR HUSSAIN BHATTI vs LAHORE HIGH COURT, LAHORE R
Subject matter
Criminal
Provisions referred to
S. 9; Narcotic Substances 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

ZAFAR HUSSAIN BHATTI VS LAHORE HIGH COURT, LAHORE R.6(3)---Judicial Officer---Pro forma promotion---Promotion---Valid order---Effect---Penalty, imposition of---Appellant assailed orders whereby his request for grant of pro forma promotion as District and Sessions Judge was declined---Allegation against appellant was that while posted as Additional District and Sessions Judge he granted post arrest bail to an accused in case /FIR registered under S. 9(c) of the Control of Narcotic Substances Act, 1997, relating to 15-1/2 kilograms Charas, which was an order passed beyond jurisdiction and amounted to inefficiency and misconduct---Held, that record revealed that the appellant was promoted as District and Sessions Judge (BS-21) on the recommendations of the Provincial Judicial Selection Board (vide Notification dated 06.08.2012), however vide subsequent (Notification dated 27.09.2016), his promotion was ordered to be withheld from the year 2012 for a period of three years retrospectively---Thus, the order of imposition of penalty was not a valid order, therefore, there remained no justification to give different treatment to appellant from his ten other colleagues, especially when some of them were given posting immediately after issuance of the promotion order---Promotion was made as per eligibility criteria against the substantive posts after fulfillment of all legal requirements and same was also not rescinded at any subsequent stage---Tribunal allowed the appeal against the orders imposing penalty of withholding promotion for a period of three years retrospectively and declining pro forma promotion to the appellant---Appeal was allowed, in circumstances.

Other judgments reported in 2025 PLC

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