Review
Review of a
decision—
Any
order passed on such review is without jurisdiction—when an appeal or revision
against the decision itself was pending before a superior authority, and the
law prohibits reviewing when an appeal or revision is pending. Question of
knowledge or lack of knowledge about pendency of appeal or revision irrelevant,
the bar to review being complete.
Ghulam
Mohiud-Din Vs. C.S. Commr. Lahore, (1964) 16 DLR (SC) 655.
Review of an
order passed in revision by an authority to which the power of revision was
delegated— if permissible under law.
Majority
view (per S.A. Rahman and Hamoodur Rahman, 3.3.) was that such authority has no
power review its own order. The power of review in this context cannot be
regarded as ancillary to the revisional power conferred on the delegate. A
power of review is a creature of the statute and it cannot be id that a
delegate exercising revisional powers under sub-section (2) of section 20 of
the Act has inherent power to review orders passed in his capacity as a
delegate.
Mst. Zainab
Khatoon Vs. Mian Ghulam Shabbir (1964) 16 DLR (SC) 712.
Kaikaus,
J. (differing from the majority view) expressed the opinion that such power of
review by the sub-ordinate officer does exist.
His
Lordship further held that there is an inherent power of review, that is,
whoever has the authority to review it, without there being any specific
provision.
The
power to review an order goes with the power to pass the order whether one
calls it an ancillary power or a power that accompanies or is inherent in the
power to pass an order. Ibid.