The tribunal comprising Justice Tariq Mahmood Jahangiri, Justice Babar Sattar, and Justice Sardar Ijaz Ishaq Khan of the Islamabad District Judicial Service Tribunal issued the decision.
The tribunal has said in its decision that the tribunal consists of judges nominated by the then Chief Justice on January 9, 2024, and there is no need for its reconstitution as there is no difference between the tribunal chairman and the members.
It also directed the Registrar Tribunal to provide a copy of the order to the Acting Chief Justice and has said that the Registrar Tribunal should also provide a copy of the order to the new judges nominated for the tribunal.
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The tribunal has said in its decision that in the appeal whose decision was reserved on March 13, the miscellaneous application was assigned to the judges nominated for the tribunal. The tribunal said it did not want to embarrass the fellow judges nominated by the acting Chief Justice.
It said that the decision to accept Muhammad Shabbir’s service appeal is being issued in circumstances where some clarification is necessary.
In its decision, the tribunal said that the Acting Chief Justice had no authority to interfere after the formation of the Tribunal and was also not authorized to nominate new judges as members of the Tribunal in the presence of the Tribunal.
It said the tribunal members cannot be removed or deprived of jurisdiction like the judges of the High Court.
It may be mentioned here that just two days ago, President Asif Ali Zardari had reconstituted the Islamabad Judicial Service Tribunal, followed by the Law Ministry had notified a new Tribunal consisting of high court judges nominated by the Acting Chief Justice.
Justice Khadim Hussain Soomro headed it and Justice Muhammad Azam Khan and Justice Inaam Ameen Minhas were made members of the Tribunal.
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