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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 form promotion---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 subsequently Notification dated 27.09.2016 his promotion was ordered to be withheld from the year 2012 for a period of three years retrospectively overlooking the fact that promotion already stood notified by the competent authority, which was neither rescinded nor recalled---It was not the case that the appellant was short of eligibility criteria for promotion and, admittedly, recommendations of a duly convened Provincial Judicial Selection Board were in his favour---Subsequent events, including allegations of inefficiency and misconduct on passing a bail order or pending inquiries, would become irrelevant once a promotion had been made after fulfillment of all legal and procedural requirements---Such matters may possibly be taken into consideration while processing case for further promotion---Tribunal allowed the appeal against the orders imposing penalty of withholding promotion for a period of three years retrospectively and declining proforma promotion to the appellant---Appeal was allowed, in circumstances.

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