IN THE SUPREME COURT OF PAKISTAN 
(APPELLATE JURISDICTION) 
 
 
PRESENT: 
MR. JUSTICE MIAN SAQIB NISAR  
MR. JUSTICE EJAZ AFZAL KHAN 
MR. JUSTICE UMAR ATA BANDIAL 
 
 
CIVIL APPEALS NO. 1171 TO 1192 OF 2013. 
(On appeal from the judgment dated 26.8.2013 of the KPK 
Subordinate Service Tribunal, Peshawar passed in Service 
Appeals No. 2/2009, 1, 4, 5, 7, 8, 6, 9, 10, 11, 13, 15, 16 of 
2010, 2 of 2009, 1, 17, 18, 19, 20, 21, 22, 27 of 2010).   
 
 
Registrar, Peshawar High Court 
 
 
    …in C.A.1171/2013 
Registrar, Peshawar High Court 
 
 
    …in C.A.1172/2013 
Muhammad Arif-II and others  
 
 
    …in C.A.1173/2013 
Syed Zamurd Shah and others 
 
 
    …in C.A.1174/2013 
Mrs. Sofia Waqar Khattak 
 
 
 
    …in C.A.1175/2013 
Muhammad Zafar and others  
 
 
    …in C.A.1176/2013  
Shoaib Khan and others  
 
 
 
    …in C.A.1177/2013 
Muhammad Rauf Khan and others  
 
    …in C.A.1178/2013 
Aurangzeb Khattak and others 
 
 
    …in C.A.1179/2013 
Muhammad Aamir Nazir and others  
 
    …in C.A.1180/2013 
Ihsan Ullah Mahsud and others 
 
 
    …in C.A.1181/2013 
Ashfaque Taj and others  
 
 
 
    …in C.A.1182/2013 
Jehanzeb Shinwari and others  
 
 
    …in C.A.1183/2013  
Qamar Sohail Lodhi 
 
 
 
 
    …in C.A.1184/2013 
Azhar Khan  
 
 
 
 
 
    …in C.A.1185/2013 
Muhammad Asif-II and others  
 
 
    …in C.A.1186/2013 
Syed Zamurd Shah and others 
 
 
    …in C.A.1187/2013 
Mrs. Sofia Waqar Khattak and others 
 
    …in C.A.1188/2013 
Muhammad Rauf Khan and others  
 
    …in C.A.1189/2013 
Aurangzeb Khattak and others 
 
 
    …in C.A.1190/2013 
Shoaib Khan and others  
 
 
 
    …in C.A.1191/2013 
Muhammad Aamir Nazir and others  
 
    …in C.A.1192/2013 
 
…Appellant(s) 
VERSUS 
Shafiq Ahmad Tanoli and others 
 
 
    …in C.A.1171/2013 
Sardar Muhammad Irshad and others 
 
    …in C.A.1172/2013 
Muhammad Amin Kundi and others  
 
    …in C.A.1173/2013 
Rajab Ali Khan and others 
 
 
 
    …in C.A.1174/2013 
Muhammad Hussain and others 
 
 
    …in C.A.1175/2013 
Liaquat Ali Khan Marwat and other   
 
    …in C.A.1176/2013 
Nasrullah Khan Gundapur and others 
 
    …in C.A.1177/2013 
Madad Khan and others  
 
 
 
    …in C.A.1178/2013 
Salahuddin and others  
 
 
 
    …in C.A.1179/2013 
Rafiullah Khan and others 
 
 
 
    …in C.A.1180/2013 
Jamal-ud-Din and others 
 
 
 
    …in C.A.1181/2013 
Civil Appeals No. 1171 to 1192/2013. 
2 
Muhammad Iqbal Khan and others  
 
    …in C.A.1182/2013 
Muhammad Zubair and others 
 
 
    …in C.A.1183/2013 
Shafiq Ahmed Tanoli and others 
 
 
    …in C.A.1184/2013 
Sardar Muhammad Irshad and others 
 
    …in C.A.1185/2013 
Muzzamil Shah Khattak and others  
 
    …in C.A.1186/2013 
Ikhtiar Khan and others  
 
 
 
    …in C.A.1187/2013 
Ahmed Sultan Tareen and others 
 
 
    …in C.A.1188/2013 
Naveed Ahmed Khan and others  
 
 
    …in C.A.1189/2013 
Gohar Rehman and others  
 
 
 
    …in C.A.1190/2013 
Sajjad Ahmad and others 
 
 
 
    …in C.A.1191/2013 
Mehmood-ul-Hassan and others 
 
 
    …in C.A.1192/2013 
 
…Respondent(s) 
 
For the appellant(s): 
 
Qazi Muhammad Anwar, Sr. ASC 
 
 
 
 
 
Syed Rifaqat Hussain Shah, AOR 
 
 
 
 
 
(in C.As.1171 to 1176, 1181 to 1188/2013) 
 
 
 
 
 
Mr. Farooq H. Naek, Sr. ASC 
 
 
 
 
 
Syed Rifaqat Hussain Shah, AOR 
 
 
 
 
 
(in C.As.1178 & 1189/2013) 
 
 
 
 
 
Mr. Muhammad Munir Paracha, ASC 
 
 
 
 
 
Syed Rifaqat Hussain Shah, AOR 
 
 
 
 
 
(in C.As.1174 & 1186/2013) 
 
 
 
 
 
Mr. Mushtaq Ali Tahir Kheli, ASC 
 
 
 
 
 
Ch. Akhtar Ali, AOR 
 
 
 
 
 
(in C.As.1179, 1180, 1190 & 1192/2013) 
 
 
 
 
 
Mr. Tariq Aziz, ASC/AOR 
 
 
 
 
 
(in C.A.1191/2014) 
 
For the respondent(s): 
 
Mr. Muhammad Akram Sheikh, Sr. ASC 
 
 
Syed Safdar Hussain, AOR  
 
 
 
 
 
(in C.As.1173, 1174, 1177, 1179, 1180, 1182, 
  
 
 
 
 
1183, 1186, 1187, 1189 to 1192/2013) 
 
 
Mr. Anwar Kamal, Sr. ASC 
 
 
Mr. M. S. Khattak, AOR 
 
 
(in C.As.1176 & 1188/2013) 
 
 
Mir Adam Khan, AOR 
 
 
(in C.A.1181/2013) 
For Peshawar High Court: 
Imran Ullah, Legal Draftsperson, P.H.C. 
 
 
Muhammad Saeed, Assistant Director, 
 
 
KPK Public Service Commission 
 
Date of hearing: 
 
 
24.02.2015 (Judgment Reserved) 
… 
J U D G M E N T 
 
 
EJAZ AFZAL KHAN, J.- These appeals with leave of the 
Court have arisen out of the judgment dated 26.8.2013 of the KPK 
Subordinate Judiciary Service Tribunal Peshawar, whereby it partially 
Civil Appeals No. 1171 to 1192/2013. 
3 
allowed the appeals filed by the respondents. The points raised and 
noted at the time of grant of leave read as under:- 
“2. It is, inter alia, contended by the learned 
counsel for the petitioners that the learned Tribunal 
has failed to appreciate the Order dated 13.8.2009 
passed by the Hon’ble Chief Justice of Peshawar 
High Court was not appealable, hence the learned 
Tribunal had no jurisdiction to entertain the 
appeals in question. It is further contended that the 
prescribed procedure was not complied with nor 
questions of law were formulated by the learned 
Tribunal. It is added that the learned Tribunal has 
failed to take into consideration its own order 
dated 18.12.2012, as a consequence whereof, the 
impugned judgment is invalid and liable to be set 
aside. The learned counsel further urged that the 
learned 
Tribunal 
has 
misapplied 
and 
misinterpreted Rule 10 of KPK Judicial Service 
Rules, 2001. Furthermore, by way of the impugned 
judgment, the learned Tribunal has presumed 
authority and jurisdiction of the Administrative 
Committee, which is not vested therein by law. 
3. The contentions raised by the learned counsel 
require consideration, therefore, these petitions are 
accepted and leave to appeal is granted, inter alia, 
to consider the aforesaid contentions.” 
 
2. 
Learned ASC appearing on behalf of the appellants 
contended that the appointing authority, according to section 5 of the 
Civil Servants Act, 1973 is the Governor or a person authorized by the 
Governor in this behalf; that the Governor, conferred this power on the 
Chief Justice vide Notification No. SOR-IV(E&AD)/3-11/2001 dated 
28.8.2001 and that the Chief Justice being the appointing authority 
shall cause a seniority list of the members of such service, cadre or 
post, to be prepared, under section 8 of the Act. He next contended that 
though according to Rule 4 and 10 of the KPK Judicial Service Rules, 
2001, the appointing authority and the authority determining seniority 
is the High Court but this being in conflict with the parent statute 
cannot override the latter. In case, the learned ASC maintained, the 
Civil Appeals No. 1171 to 1192/2013. 
4 
Rules are allowed to override the parent statute, no departmental 
authority would be left for appeal, or representation.  
3. 
Learned ASC appearing on behalf of the respondents 
contended that the appointing authority to a post, according to rule 4 of 
the Rules, is the High Court and not the Chief Justice; that such 
authority being executive and administrative is exercised by the 
Administration Committee in view of Rule 1 Part A of Chapter 10 of the 
High Court Rules and Orders Volume V, therefore, the impugned 
judgment projecting such interpretation cannot be caviled at.  
4. 
We have gone through the record carefully and considered 
the submissions of the learned ASCs for the parties. 
5. 
Before we appreciate the controversy canvassed before us, 
it would be imperative to refer to the relevant provisions of the Civil 
Servants Act and the Rules made thereunder. The relevant provision of 
the Act read as under:- 
“5. Appointment: Appointment to a civil service of the 
Province or to a civil post in connection with the affairs 
of the Province shall be made in the prescribed manner 
by the Governor or by a person authorized by the 
Governor in that behalf. 
 
8. Seniority:- (1) For proper administration of a service, 
cadre or {post}, the appointing authority shall cause a 
seniority list of the members for the time being of such 
service, cadre or {post} to be prepared, but nothing 
herein contained shall be construed to confer any 
vested right to a particular seniority in such service, 
cadre or {post} as the case may be. 
 
(2) Subject to the provisions of sub-section (1), the 
seniority of a civil servant shall be reckoned in relation 
to other civil servants belonging to the same service or 
[cadre] whether serving the same department or office 
or not, as may be prescribed.  
 
(3) Seniority on initial appointment to a service, [cadre] 
or post shall be determined as may be prescribed. 
 
(4) Seniority in a post, service or cadre to which a civil 
servant is promoted shall take effect from the date of 
regular appointment to that post; 
Civil Appeals No. 1171 to 1192/2013. 
5 
Provided that civil servants who are selected for 
promotion to a higher post in one batch shall, on their 
promotion to higher post, retain their inter-se seniority 
as in the lower post. 
 
(5) The seniority lists prepared under sub-section (1), 
shall be revised and notified in the official Gazette at 
least once in a calendar year, preferably in the month of 
January.” 
 
6. 
The Rules relevant in this behalf read as under:- 
“2. Definitions: In these rules, unless there is anything 
repugnant in the subject or context: 
(a) “Administration Committee of the High Court” means 
Committee constituted under High Court Rules and Orders, 
volume-V, Chapter 10-A. 
(b) “Appointment on contract basis” means appointment made 
for a specified period in accordance with the policy of Govt: 
applicable to appointment on contract basis. 
(c) “Chief Justice” means the Chief Justice of Peshawar High 
Court Peshawar. 
(d) “Commission” means the North West Frontier Province 
Public Service Commission. 
(e) “Departmental promotion committee” means the Committee 
constituted under High Court Rules and Orders Volume-V, 
chapter 10-A. 
(f) “Government” means the Government of North West Frontier 
Province. 
(g) “High Court” means Peshawar High Court Peshawar. 
(h) “Initial appointment” means appointment made otherwise 
than by promotion or transfer from another service, 
department or post; 
(i) “Provincial Judicial Selection Board” means a Board 
comprising the Administration committee or such number of 
Judges of the High Court as may be nominated by the 
Administration Committee; 
(j) “Recognized University” means the University established 
by or under a law in Pakistan or any other University which 
may be declared by Government to be a recognized University 
for the purpose of these rules; 
(k) “Selection Authority” means the Commission or, as the case 
may be, the Provincial Judicial Section Board; and 
(l) “Service” means the North West Frontier Province Judicial 
Service. 
 
4. Appointing Authority:-Appointment to a post shall be 
made by the High Court. 
 
10. Seniority: The seniority inter-se of the members of the 
service in the various pay scales thereof shall be determined by 
the High Court, subject to the following conditions: 
(a) In the case of members appointed by initial recruitment, in 
accordance with the order of merit assigned by the Selection 
Authority as mentioned in Rule-5; provided that persons 
selected for the service in an earlier selection shall rank senior 
to the persons selected in a later selection. 
(b) In the case of members appointed by promotion, seniority in 
a post, service or cadre to which a Civil Servant promoted shall 
take effect from the date of regular appointment to that post; 
provided that Civil Servants who are selected for promotion to a 
Civil Appeals No. 1171 to 1192/2013. 
6 
higher post in one batch shall, on their promotion to higher post, 
retain their inter-se seniority as in the lower post. 
 
Explanation-I If a Jr. officer in a lower grade is promoted 
temporarily to a higher grade in the public interest, even though 
continuing later permanently in the higher grade, it would not 
adversely affect the seniority in the interest of his/her senior 
officer in the fixation of his/her seniority in the higher grade. 
 
Explanation-II If a Jr. officer in a lower grade is promoted to a 
higher grade by superseding a Sr. officer and subsequently 
that officer is also promoted, the officer promoted first shall 
rank senior to the officer promoted subsequently. 
 
13. General Rules: In all matters not expressly provided for in 
these rules, members of the Service shall be governed by such 
rules as have been or may hereafter be prescribed by 
Government and made applicable to their employees, with such 
modifications and changes as the High Court may prescribe.” 
 
7. 
According to section 5 of the Civil Servants Act and Rule 4 
of the KPK (Appointment, Promotion and Transfer) Rules, 1989, the 
appointing authority to a civil post in connection with the affairs of the 
Province is the Governor or a person authorized by him. In 2001, the 
Governor by amending Rule 4 of the KPK (Appointment and Promotion) 
Rules, 1989 vide Notification No. SOR-IV(E&D)/3-11/2001 authorised 
the Chief Justice, Peshawar High Court, to appoint Judicial Officers 
Sub-ordinate to the High Court with immediate effect. But this 
notification being a stopgap arrangement remained in force only till the 
enforcement of the KPK Judicial Service Rules, 2001. The Rules, so 
enacted and enforced deal with qualification, eligibility, method of 
recruitment, appointment, seniority and matters ancillary thereto. 
According to Rule 4 and 10 of the said Rules, the appointing authority 
for a civil post and the authority determining the inter se seniority of the 
members of the service shall be the High Court and not the Chief 
Justice. The expressions ‘High Court’ and Chief Justice’ being distinct 
from each other are not interchangeable from any angle of vision. The 
appointing authority and the authority determining seniority for the 
Civil Appeals No. 1171 to 1192/2013. 
7 
purposes of sections 5 & 8 of the Act is therefore the High Court and 
not the Chief Justice.  
8. 
What does the expression “High Court” mean in the scheme 
of the relevant rule, enactments and Constitutions? Rule 2(g) of the 
Rules, 2001, defines the expression ‘High Court’ as Peshawar High 
Court Peshawar. However, according to the East India (High Court of 
Judicature) Act, 1861, the Government of India Act, 1915, the 
Government of India Act, 1935, the Constitution of Islamic Republic of 
Pakistan 1956, the Constitution of 1962 and the Constitution of 1973, 
the expression “High Court” means High Court consisting of Chief 
Justice and Judges. If we go by this definition then the appointing 
authority shall not be the Chief Justice but the High Court consisting of 
Chief Justice and other Judges.  
9. 
What has been regulating the executive and administrative 
work of the High Court ever since its establishment? Such work of the 
High Court, if we see in the historical perspective, has been regulated 
by the Acts which have been enforced from time to time and Rules and 
Orders made and issued thereunder. The first Act enforced in this 
behalf was the Punjab Courts Act, 1884. The High Court under the said 
Act was called the Chief Court. The relevant section of the Act reads as 
under :-  
“8 (1) Except as by this Act or by any other enactment for  
the time being in force otherwise provided, the Chief Court 
may make rules to provide, in such manner as it thinks fit 
for the exercise by one or more of its Judges of any of its 
powers. 
ii)……….. 
(iii)……….” 
 
The relevant rule framed thereunder provides as follows:- 
Civil Appeals No. 1171 to 1192/2013. 
8 
“I. The powers of the Courts, as a Court of control, shall be 
exercisable by all the Judges, and shall be allotted in such 
manner as the Judges in monthly meeting may from time 
to time determine. 
II.  
(i) A meeting of the Judges shall be held monthly on 
such day as the Chief Judge may from time to time fix in 
that behalf, for the disposal of references relating to the 
Judicial administration or matters affecting the working of 
the Court, and all such business, not of a judicial 
character, as a Judge may refer to the meeting. 
 
(ii) The meeting shall ordinarily be held on the first 
Friday (not being a holiday) of every month. 
III. 
The Registrar shall convene the monthly meetings 
and regulate the business to be considered thereat, in such 
manner as the Chief Judge may from time to time direct.” 
 
10. 
In 1914 Punjab Courts Act (III) of 1914 was promulgated. It 
also provided for exercise of any of the powers of the said Court by one 
or more of its Judges. The relevant section in this behalf merits a 
reference which reads as under:- 
“SECTION 8 OF PUNJAB COURT ACT, 1914. 
8 (1). Except as by this Act or by any other enactment for the time 
being in force otherwise provided, the Chief Court may make rules to 
provide, in such manner as it thinks fit  for the exercise by one or more 
of its Judges of any of its powers. 
(2) The Chief Court may make rules, declaring what number of 
Judges, not being less than three, shall constitute a Full Bench of the 
Court, and may by these rules prescribe mode of determining which 
Judges shall sit as a Full Bench, when a Full Bench sitting becomes 
necessary. 
(3) Subject to the provisions of sub-section (2), the Senior Judge may 
determine which Judge in each case shall sit alone, and which Judges 
of the Court shall constitute any Bench” 
 
11. 
Rules framed pursuant to the said provision of the Act read 
as follows:- 
“Part A---RULES FOR THE DISPOSAL OF EXECUTIVE AND 
ADMINISTRATIVE BUSINESS 
1. 
Administrative Business.--- The Administrative and executive  
work of the High Court shall be controlled by a Committee of Judges 
to be known as the Administration Committee. 
Provided that the work of the Benches at Karachi and Peshawar 
shall be conducted in such manner as the Chief Justice may direct. 
Provided further that those matters which are the executive concern 
of the Chief Justice, namely, the constitution of Benches and the 
Civil Appeals No. 1171 to 1192/2013. 
9 
appointment and control of the High Court Establishment, shall be 
dealt with in accordance with such instructions as may from time to 
time be issued by the Chief Justice.] 
2. 
Constitution 
and 
appointment 
of 
Administration 
Committee.----The Administration Committee shall consist of seven 
Judges. The Chief Justice and the Senior Puisne Judge shall be ex-
officio members and the Chief Justice shall annually nominate the 
other five members of the Committee.] 
3. 
Quorum of Administration Committee.--- At all meetings of 
the Administration Committee, three Judges shall form a 
quorum.  
4. 
(a) Each member of the Administration Committee shall act 
as an Administration Jude and the powers and duties of each 
Administration Judge shall be defined by the Chief Justice 
from time to time. 
(b) 
The following matters shall invariably be referred by an 
Administration Judge to the Administration Committee:- 
(i) 
All cases which are to go before a meeting of all the 
Judges. 
(ii) 
All cases involving the amendment of the Rules and 
Orders of the Court other than purely routine 
amendments.  
(iii) 
The issue of circular letters and instructions to the 
Subordinate Courts in other than purely routine 
matters. 
(iv) 
All circulars issued by District and Sessions Judges 
and District Magistrates for the guidance of Courts 
subordinate to them.  
(v) 
All proposals for the confirmation or promotion of 
District and Sessions Judges and Subordinate Judges. 
(vi) 
The grant of permission to Subordinate Judges to 
cross efficiency bars. 
(vii) 
All pension cases of District and Sessions Judges and 
Subordinate Judges. 
(viii) All cases in which disciplinary action is to be taken 
against District and Sessions Judges and Subordinate 
Judges, and all cases in which there is a question of 
the recovery from an officer of any loss suffered by 
Government. 
(ix) 
The selection of officers for deputation, and 
magisterial commercial or special training.  
(x) 
Recommendation for the direct appointment of 
Government 
servants 
as 
Extra 
Assistant 
Commissioners. 
(xi) 
The fitness of officers for appointment as District and 
Sessions Judges. 
(xii) 
The monthly returns of work done by District and 
Sessions Judges. 
(xiii) All cases in which lawyers seek relaxation of the High 
Court Rules applicable to them, other than those in 
Civil Appeals No. 1171 to 1192/2013. 
10 
which the Judges or the Administration Committee 
have laid down a policy to be followed. 
(xiv) All proposals for the execution of Civil Major works in 
the Judicial Department. 
(xv) 
All cases in which the opinion of all the Judges is 
sought by Government. 
[(xvi) Recording of annual confidential report on the work 
and conduct of a Civil Judge or Magistrate where:- 
(a) 
it is intended to comment unfavourably on his conduct 
and work; or 
(b) 
another reporting authority has recorded adverse 
remarks. 
(xvii) All cases of conferment of civil and criminal powers on 
Subordinate Judges and Magistrates except:- 
(a) 
Powers under the Provincial Small Cause Courts Act. 
(b) 
Powers under the Guardians and Wards Act. 
(c) 
Permission to exercise powers under the Provincial 
Insolvency Act already conferred by Punjab Government 
Notification No. 780, dated the 15th July 1914. 
(d) 
First class powers on stipendiary magistrates after the 
exercise of second class powers for six months. 
(xviii) All cases not specifically provided for which, in the 
opinion of the Administration Judge, involve questions 
of principle of policy. 
(c) 
All administrative work for which there is no 
explicit provision in the Rules and Orders of the Court or 
in the rules made by the Administration Committee, 
shall be disposed of under the orders of the 
Administration Judge who may refer to the Committee 
any matter on which he could pass orders. 
(d) 
The Administration Judge shall pass orders on 
the postings and transfers of judicial officers serving 
under the High Court, and after orders have issued they 
shall be circulated to all members of the Administration 
Committee.” 
12. 
In 1918 the Punjab Courts Act was re-enacted while that of 
1914 was repealed. Section 3 of this Act is relevant which reads as 
under:- 
“3. (1) Enactment of provisions relating to 
Courts in the Punjab- (a) the provision contained in 
Part-II of this Act are hereby enacted, and shall be 
deemed to have had effect on and from the first day 
of August, 1914. 
(b) The Punjab Courts Act, 1914, and Punjab Act IV 
of 1914, or so much of them as may be valid are 
repealed on and from the first day of August, 
1914. 
(2) Validation of acts done—All things done under 
the Punjab Courts Act, 1914, as amended by Punjab 
Civil Appeals No. 1171 to 1192/2013. 
11 
Act, IV of 1914, shall be deemed to be in every way 
as valid as if the Punjab Courts Act, 1914, as 
amended by Punjab Act IV of 1914, had been of full 
force and effect on and from the first day of August, 
1914: 
 
Provided firstly, that any appeal which may have 
been decided by the Chief Court in the exercise of 
jurisdiction purporting to be exercised under Section 
39(1)(b) of the Punjab Courts Act, 1914, shall be 
deemed to have been validly decided, and shall not 
be called in question by reason of anything 
contained in this Act; 
 
And, secondly that any appeal which before the 
commencement of this Act has been presented to the 
Chief Court under Section 39(1)(b) of the Punjab 
Courts Act, 1914, and which should not have been 
so presented if the said sub-section had run as set 
out in Section 39 of Part II of this Act shall if it has 
not been decided be transferred by the said Court for 
disposal to the District Court having jurisdiction; 
 
And thirdly, that any appeal which would have 
laid to the Chief Court under section 39(1)(b) of the 
Punjab Courts Act, 1914 but which lies to the District 
Court under the provisions of this Act and when if 
presented to the Chief Court at the commencement of 
this Act would be within time, shall be deemed to be 
presented within time if presented to the District 
Court within sixty days from the commencement of 
this Act.” 
 
Another relevant provision is section 8 of the Act which reads as under:- 
“SECTION 8 OF PUNJAB COURT ACT, 1918. 
8 (1). Except as by this Act or by any other enactment for the 
time being in force otherwise provided, the Chief Court may 
make rules to provide, in such manner as it thinks fit  for the 
exercise by one or more of its Judges of any of its powers. 
(2)  The Chief Court  may make rules, declaring what number 
of Judges, not being less than three, shall constitute a Full 
Bench of the Court, and may by these rules prescribe mode of 
determining which Judges shall sit as a Full Bench, when a 
Full Bench sitting becomes necessary. 
(3) Subject to the provisions of sub-section (2), the Senior 
Judge may determine which Judge in each case shall sit alone, 
and which Judges of the Court shall constitute any Bench” 
 
13. 
In 1955, the High Court of West Pakistan (Establishment) 
Order GGO XIX of 1955 was promulgated. High Court, Lahore, the 
Chief Court of Sind, the Judicial Commissioners Court of NWFP and 
Balochistan and any other Court functioning as High Court in relation 
Civil Appeals No. 1171 to 1192/2013. 
12 
to the territories ceased to exist and all said powers were conferred on 
the West Pakistan High Court. The relevant provision reads as under:- 
“Article 3. Establishment of the High Court of West 
Pakistan. (I) As from the commencement of this Order 
there shall be established a High Court of Judicature 
for the Province of West Pakistan, to be called the 
High Court of West Pakistan (hereinafter referred to 
as the High Court), and the Lahore High Court, 
Lahore, the Chief Court of Sind, the Judicial 
Commissioner’s Court in the North-West Frontier 
Province and Balochistan, and any other Court 
functioning as High Court in relation to the territories 
or are as now included in the Province of West 
Pakistan shall cases to exist. 
(2) The High Court shall have such original, appellate 
and other jurisdiction and such powers and 
authority in respect of the territories included in the 
Province of West Pakistan as the Lahore High Court 
Lahore, had immediately before the commencement 
of this Order in respect of the territories in relation to 
which it exercised appellate jurisdiction. 
(3) The High Court and the Judges and Divisional 
Courts thereof shall sit at Lahore, but the High Court 
shall have Benches at Karachi and Peshawar and 
Circuit; Courts at other places within the Province of 
West Pakistan, consisting of such of the Judges as 
may from time to time be nominated by the Chief 
Justice.” 
 
14. 
In 1956 through Correction Slip No. 120/II.D.4 dated 2nd 
January, 1956, the following rule was inserted:-  
“CHAPTER 10 
Miscellaneous 
PART A—RULES FOR THE DISPOSAL OF EXECUTIVE AND 
ADMINISTRTIVE BUSINESS 
[1. The administrative and executive work of the High Court 
shall be controlled by a Committee of Judges to be known as 
the Administration Committee: 
 
Provided that those matters which are the exclusive 
concern of the Chief Justice, namely, the constitution of 
Benches and the appointment and control of the High Court 
Establishment shall be dealt with in accordance with such 
instruction as may from time to time be issued by the Chief 
Justice.  
2. 
Constitution 
and 
appointment 
of 
administration 
Committee.—The Administration Committee shall consist of 
seven Judges. The Chief Justice and the Senior Puisne Judge 
shall be ex-officio members and the Chief Justice shall 
annually nominate the other five members of the Committee]. 
Civil Appeals No. 1171 to 1192/2013. 
13 
3. 
Quorum of Administration Committee.—At all meetings 
of the Administration Committee, three Judges shall form a 
quorum.  
4. 
(a)  Each member of the Administration Committee 
shall act an Administration Judge and the powers and duties 
of 
each 
Administration 
Judge 
to 
the 
Administration 
Committee:-- 
 
(b)  The following matters shall invariably be referred 
by an Administration Judge to the Administration committee:-
-  
 
i)  All cases which are to go before a meeting of the 
Judge.  
 
ii)  All cases involving the amendment of the Rules 
and Orders of the Court other than purely routine 
amendments.  
 
iii)  The issue of circular letters and instructions to the 
Subordinate Courts in other than purely routine matters.  
 
iv)  All circulars issued by District and Sessions Judge 
and District Magistrates for the guidance of courts 
subordinate to them.  
 
v)  All proposals for the confirmation or promotion of 
District and Sessions Judge and [Civil Judges]. 
 
vi)  The case of move-over and grant of selection grade 
of Judicial Officers]. 
 
vii)  All pension cases of District and Sessions Judges 
and [Civil Judges]. 
 
viii)  All cases in which disciplinary action is to be 
taken against District and Sessions Judges and Subordinate 
Judges, and all cases in which there is a question of the 
recovery from an officer of any loss suffered by government.  
 
ix)  The selection of officers for deputation, and 
magisterial commercial or special training. 
…………………………………………………….” 
 
 
15. 
Another rule was inserted through Correction Slip No. 
141/IV.Z.8, dated 30th May, 1958 which reads as under :-  
“16.   (i)  [Notwithstanding anything contained in the 
Chapter, the administrative and executive work of High Court 
shall be controlled by three Committees of Judges to be 
known as the Administration Committees functioning at 
Lahore, Karachi and Peshawar.  
ii)  These Committees shall be Advisory Committees and final 
decision in all administrative matters shall rest with the 
Chief Justice, except matters which are the statutory 
responsibility of the High Court as a whole.  
iii)  The Administration Committee at Karachi shall consist of 
four Judges. The Senior Judge shall be ex officio member and 
the other three members shall be nominated annually by the 
Senior Judge from the remaining Judges of that Bench.  
iv)  At all meetings of the Administration Committee, three 
Judges shall form a quorum.  
v)  Each member of the Administration Committee shall act 
an Administration Judge and the powers and duties of each 
Administration judge shall be defined by the Senior Judge of 
the Bench from time to time.  
Civil Appeals No. 1171 to 1192/2013. 
14 
vi)  The Administration Committee at Peshawar shall consist 
of the Senior Judge and Judge/Judges of Peshawar Bench.  
vii)  Each Judge shall act as an Administration Judge and 
the powers and duties of each Administration Judge shall be 
defined by the Senior Judge of the Bench from time to time.”  
 
 
16. 
The above quoted rule, by affirming that administrative and 
executive work of the High Court shall be controlled by the 
Administration Committee, draws a line of distinction between 
administrative and statutory matters and the nature of decision taken 
them. In the former case, the decision of the Committee being advisory 
in nature shall be subject to final decision of the Chief Justice. In the 
latter case, it being mandatory shall be binding on the Chief Justice. 
Therefore, it can be said without any fear of contradiction that in 
statutory matters decision of the Chief Justice cannot override the 
decision of the Administration Committee.  
17. 
In 1962 West Pakistan Civil Courts Ordinance 1962 was 
promulgated. All the previous enactments were repealed by the 
Ordinance. But despite repeal of the enactments mentioned in the 
schedule, everything done, action taken, obligation, liability, penalty or 
punishment incurred, inquiry or proceeding commenced, officer 
appointed or person authorized, jurisdiction or power conferred, rule 
made and order issued under any of the provisions of the said 
enactments continued in force if not inconsistent with the provisions of 
the Ordinance. The relevant provision reads as under:- 
“28. Repeal and savings.  
(1)….. 
(2)………. 
(3)……… 
(4)……… 
(5) Notwithstanding the repeal of the enactment 
mentioned in the Schedule, everything done, action 
taken, obligation, liability, penalty or punishment 
Civil Appeals No. 1171 to 1192/2013. 
15 
incurred, inquiry or proceeding commenced, Officer 
appointed or person authorized, jurisdiction or power 
conferred, rule made and order issued under any of 
the provisions of the said enactments shall, if not 
inconsistent with the provisions of this Ordinance, 
continue in force and, so far as may be deemed to 
have 
been 
respectively 
done, 
taken, 
incurred, 
commenced, appointed, authorized, conferred, made 
or issued under this Ordinance.” 
 
18. 
This set up continued up to 1970 when the High Court 
(Establishment) Order 1970 was promulgated.  By virtue of Article 3 of 
the Order, three new High Courts were established namely; (a) A High 
Court for the North-West Frontier Province to be called the Peshawar 
High Court with the principal seat at Peshawar; (b) a High Court for the 
Province of the Punjab and the Islamabad Capital Territory to be called 
the Lahore High Court with its principal seat at Lahore; and (c) a High 
Court for the Province of Balochistan and Sind to be called the Sind and 
Balochistan High Court with its principal seat at Karachi. The relevant 
Article reads as under:- 
“3. Establishment of High Courts for new Provinces. 
(1) As from the 1st day of July, 1970, hereinafter 
referred to as the appointed day, there shall be 
established the following new High Courts, namely:- 
 
(a) A High Court for the North-West Frontier Province 
to be called the Peshawar High Court within the 
principal seat at Peshawar (b) a High Court for the 
Province of the Punjab and the Islamabad Capital 
Territory to be called the Lahore High Court with its 
principal seat at Lahore; and (c) a High Court for the 
Province of Balochistan and Sind to be called the 
Sind and Balochistan High Court within its principal 
seat at Karachi, 
 
(2) Each new High Court shall be a Court of Record 
and shall have such original, appellate and other 
jurisdiction and such powers and authority in 
respect of the territories for which it is established as 
the High Court of West Pakistan, immediately before 
the appointed day, had in respect of the territories in 
relation to which it exercised appellate jurisdiction. 
(3) Each new High Court and Judges and Divisional 
Courts thereof shall sit at its principal seat but may 
Civil Appeals No. 1171 to 1192/2013. 
16 
hold Circuit Courts at places within its territorial 
jurisdiction other than its principal seat consisting of 
such of the Judges of the High Court as the Chief 
Justice may from time to time nominate.” 
 
19. 
The law in force immediately before the appointed day, 
relating to the powers of the Chief Justice and of Single Judges and 
Divisional Courts of the High Court of West Pakistan and with respect 
to all matters ancillary to the exercise of those powers, was made 
applicable with necessary modifications in relation to each of the new 
High Courts. The relevant Article providing for application of such law 
reads as under:- 
 “7. Powers of Chief Justice and other Judges.- The 
law in force immediately before the appointed day 
relating to the powers of the Chief Justice and of 
Single Judges and Divisional Courts of the High 
Court of West Pakistan, and with respect to all 
matters ancillary to the exercise of those powers, 
shall with the necessary modifications, apply in 
relation to each of the new High Courts.” 
 
20. 
Disciplinary actions against the District & Sessions Judges 
and Sub-ordinate Judges ever since 1884 have been taken by the 
Provincial Government as the Provincial Government was the 
appointing authority. It continued as such under the Govt. of India Act, 
1935, Constitution of 1956, the West Pakistan Government Servants 
(Discipline and Efficiency) Rules, 1959, the West Pakistan Government 
Servants (Efficiency and Discipline) Rules, 1960 and then under KPK 
Government 
Servants 
(Efficiency 
and 
Discipline) 
Rules, 
1973.  
Administration Committee, under Rule 4(b)(viii) of the High Court Rules 
and Orders made under section 8 of Punjab Courts Act, 1914 and Rule 
4(b)(viii) of High Court Rules and Orders inserted through Correction 
Slip No.141/IV.Z.8, dated 30th May, 1958 could take action in terms of 
recommendations against District and Sessions Judges and Sub-
Civil Appeals No. 1171 to 1192/2013. 
17 
ordinate Judges but approval for such action at initial and final stage 
rested with the appointing authority. 
21. 
On separation of the Judiciary from the Executive pursuant 
to the mandate of Article 175 of the Constitution, the authority under 
the Efficiency & Discipline Rules was conferred on the Chief Justice 
vide Notification No. SORII(S&GAD)5/(29)/86 dated 16th of January 
1992. The said notification along with the table reads as under:- 
“POWER OF CHIEF JUSTICE AS AUTHORITY UNDER NWFP GOVERNMENT 
SERVANTS (E&D) RULES, 1973. 
 
NOTIFICATION 
PESHAWAR, DATED 16TH JANUARY, 1992. 
 
 
No.SORII(S&GAD)5(29)/86:- In exercise of the powers conferred by clauses (b) 
and (c) of rule 2 of the North-West Frontier Province (Efficiently and Discipline) Rules, 
1973, and in supersession of this department’s Notification No. SOSIII(S&GAD)1-80/73, 
dated the 28th January, 1975, the Governor of the North- West Frontier Province is 
pleased to direct that the officers specified in column 3 and 4 of the table below shall 
respectively be the “Authority” and “Authorized Officer” for the purpose of the said rules 
in respect of civil servants specified against each in column 2 of the said table.-  
 
S.No. 
Basic Pay Scale of Govt. Servant 
Authority 
Authorized 
Officer 
1 
2 
3 
4 
 
1. 
Officers 
of 
former 
Provincial 
Civil 
Secretariat Service and ex-Provincial 
Civil Service (Executive Branch) in Basic 
Pay Scale 17. 
  
Chief Minister 
Chief Secretary 
2. 
Officers of former Provincial Civil Service 
(Judicial Branch) in Basic Pay Scale 17 
and above.  
 
Chief Justice 
As Authorized by 
the authority. 
3. 
Deputy Superintendent of Police in basic 
Pay Scale 17.  
 
Chief Secretary 
Inspector 
General 
of Police. 
4. 
Officers in BPS-17 in the Education 
Department. 
Chief Secretary 
Director 
of 
Education 
concerned. 
 
5. 
Other Officers in Basic Pay Scale-17 
(other than Members of All Pakistan 
Unified Grades). 
 
Chief Secretary 
Administrative 
Secretary. 
6. 
Offices in BPS-18 in the Education 
Department. 
 
Chief Minister 
Administrative 
Secretary. 
7. 
Other Officers in BPS-18 and above 
(other than Members of All Pakistan 
Chief Minister 
Chief Secretary. 
Civil Appeals No. 1171 to 1192/2013. 
18 
Unified Grade). 
 
8. 
Sectt: Officers in BPS-16. 
Chief Secretary 
Secretary S&GAD 
 
9. 
Government servants in BPS-16 on the 
Establishment of Peshawar High Court, 
Peshawar.  
 
Chief Justice 
As authorized by 
the authority.  
10. 
Government servants in BPS-16 serving 
on the Establishment of Board of 
Revenue and the offices subordinate to 
it. 
Senior Member 
Board 
of 
Revenue. 
Secretary BOR. 
11. 
Government servants in BPS-16 serving 
in the office of Divisional Commissioners 
and Officers subordinate to them.  
 
Commissioner 
of the Division 
concerned. 
As authorized by 
the authority.  
12. 
Government servants in BPS-16 serving 
in the Directorate of Local Fund Audit. 
  
Secretary 
Finance 
Director, 
Local 
Fund Audit.  
13. 
Government servants in BPS-5 to 16 
serving 
in 
the 
Public 
Service 
Commission.  
 
Chairman of the 
Commission.  
Secretary 
of 
the 
Commission.  
14. 
Other Government servants in BPS-16.  
Head 
of 
Attached 
Department.  
 
As authorized by 
the authority.  
15. 
Government servants in BPS-5 to 15 
serving in the Secretariat.  
Administrative 
Secretary 
concerned.  
Dy. Secy. (Admn) 
of the Department 
concerned.  
 
16. 
Government servants in BPS-1 to 4 
serving in the Secretariat.  
Dy. 
Secy. 
(Admn) of the 
Department 
concerned. 
Section 
Officer 
(Admn) 
of 
the 
Department 
concerned. 
  
17. 
Government servants in BPS-1 to 14 
serving in Public Service Commission.  
Secretary of the 
Commission. 
 
As authorized by 
the authority.  
18. 
Other Government Servants in BPS-1 to 
15.  
 
Appointing 
authority.  
As authorized by 
the authority.  
19. 
Government Servants in BPS-1 to 4 
serving 
in 
the 
Chief 
Minister’s 
Secretariat. 
  
Deputy 
Secretary-II 
of 
C. M’s Sectt: 
Section 
Officer 
(Coord:) 
Chief 
Minister’s Sectt: 
 
According to this notification, the Chief Justice could exercise all the 
powers conferred on the Governor of the Province without the approval 
of the latter at initial or final stage. 
 22. 
In a meeting held on 18.12.1976 the Chief Justice and 
Judges of the Peshawar High Court resolved that administrative and 
executive work shall be controlled by an Administration Committee of 
the Judges; that the Administration Committee shall consist of four 
Civil Appeals No. 1171 to 1192/2013. 
19 
Judges; that in all matters of the Administration Committee at least two 
will form a quorum; that if any member of the Administration 
Committee is not available, the work assigned to him will be disposed of 
by the Senior Puisne Judge and in case the Senior Puisne Judge is not 
available, by the Chief Justice and that each member of the 
Administration Committee shall act as an Administration Judge and the 
powers and duties of each Administration Judge shall be as follows :-  
 
“1. CHIEF JUSTICE. 
Rosters and cause-lists, Constitution of Benches and the 
appointment and control of High Court Establishment, 
except reimbursement of medical charges and G.P. Fund 
Advance cases. 
 
Appointment, transfers, promotions, deputations etc. of the 
members of subordinate Judiciary. Conferment of powers 
on Civil Judges and Magistrates. 
 
2. SENIOR PUISNE JUDGE 
Rules of Procedure in civil and Criminal Courts. Statistics 
for the purpose of annual notes on the administration of 
civil and Criminal Justice. 
 
All matters relating to lower Court’s establishment. Budget, 
Accounts and appointment of Oath Commissioners. 
 
3. SECOND JUDGE 
Library and Law Reports. Matters relating to Legal 
Practitioners. Record room and Loss of Record. 
 
High Court Building, Garden and Compound and other 
minor works. Petition-Writers, Commissioner and Letter of 
Request. Stationery and forms of the High Court and Civil 
Courts. Expenses of witnesses. 
 
4. THIRD JUDGE 
Reimbursement of medical charges, and G.P. Fund Advance 
cases of High Court Establishment. Notice under section 80 
C.P.C. Insolvency work. Guardian and Wards Work. Official 
Receiver. Copying Agency. Transfer of Prisoners. 
 
23. 
According to the decisions taken in the Administration 
Committee the Rosters and Cause Lists, constitution of Benches and 
appointment and control of the High Court Establishment (except 
Civil Appeals No. 1171 to 1192/2013. 
20 
reimbursement of Medical Charges and G. P. Fund) advance cases, 
appointments, transfers, promotions and deputations etc of the 
members of subordinate Judiciary and conferment of powers of Civil 
Judges and Magistrates lay in the domain of the Chief Justice. Rules of 
procedure in Civil and Criminal Courts, statistics for the purpose of 
annual notes on the Administration of Civil and Criminal Justice and 
all matters relating to lower Court’s establishment, budget, accounts 
and appointments of Oath Commissioners lay in the domain of Senior 
Puisne Judge. Library and Law Reports, matters relating to Legal 
Practitioners, Record Room, loss of record, High Court building, garden, 
compound 
and 
other 
minor 
works 
including 
petition 
writers, 
Commissioner and Letter of Request, stationery and forms of the High 
Court and Civil Courts including expenses of witnesses lay in the 
domain of the 2nd Judge. Reimbursement of medical charges and G. P. 
Fund, advance cases of High Court establishment, notice under section 
80 CPC, insolvency work, guardian and wards work, official receiver, 
copying agency and transfer of prisoners lay in the domain of the 3rd 
Judge.  
24. 
Now the question arises whether appointment of members 
of District Judiciary and  determination of their seniority is an 
administrative or statutory  responsibility in terms of Rule 16(ii) of the 
High Court Rules and  Orders quoted above? The answer is statutory 
because it is regulated by section 5 & 8 of the KPK Civil Servants Act 
and Rule 5 and 10 of the KPK Judicial Service Rules, 2001. When 
statutory it is to be exercised by the Administration Committee, as 
explained above. The Chief Justice cannot do anything on his own in 
the scheme of the Rules of 2001 and High Court Rules and Orders. 
Civil Appeals No. 1171 to 1192/2013. 
21 
Therefore, any decision taken by the Administration Committee shall be 
binding on the Chief Justice.  
25. 
The Rules of 2001 envisaging the High Court as appointing 
authority and authority determining seniority have not introduced 
something new or unheard of. They have indeed affirmed what has been 
provided by the High Court Rules and Orders and practiced ever since 
the establishment of the High Court. Therefore, Rule 4 and 10 of the 
Rules cannot be held to be in conflict with the parent statute. As a 
matter of fact, the Governor by approving the Rules framed under 
section 26 of the Civil Servants Act abdicated his authority and 
conferred it on the High Court. Therefore, the argument that the rules 
are in conflict with the parent statute is misconceived on the face of it. 
The argument that in case the rules are allowed to override the parent 
statute no departmental authority would be left for appeal or 
representation is also misconceived; firstly because the Rules don’t 
override the parent statute by any means and secondly because a 
situation highlighted  by the learned ASC for the appellant is fully 
catered for by the 2nd proviso to Rule 3 of the KPK Civil Service Appeal 
Rules, 1986 which clearly provides that “where the order is made or 
penalty is imposed by the High Court or the Chief Justice as the case 
may be, there shall be no appeal but the member of the service may 
prefer a review petition before the authority passing the order or imposing 
the penalty”.  
26. 
When considered in this background, we don’t think the 
view taken by the KPK Sub-ordinate Judiciary Service Tribunal is open 
to any exception. We, therefore, dismiss these appeals. 
 
Civil Appeals No. 1171 to 1192/2013. 
22 
 
JUDGE 
 
 
JUDGE 
 
 
JUDGE 
 
Announced in open Court at Islamabad on____________ 
 
 
JUDGE 
 
Not Approved For Reporting 
K.Anees/*