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Review Petition No. 10 of 1980, decided on 11lth March, 1981.
Art. 188 read with Supreme Court Rules, 1956, O. XXVI, r. 1- Review-Petitioner taking up all material grounds taken by him during course of hearing of appeal and dealt with and decided in judgment under review and thus seeking rehearing of arguments addressed by him at time of hearing and disposal of appeal and wishing a different decision from one already given without satisfying jurisdictional requirement necessary for maintaining review petition-Such course, held, cannot be permitted.
M. Farani, Advocate Supreme Court with M. Naazar Khan, Advocate-on-Record for Petitioner.
Syed Asad Hussain, Advocate Supreme Court with M. A. Qureshi, Advocate-on-Record for Respondent.
Date of hearing: 11th March, 1981.
The petitioner seeks review of order dated 28-10-1980 whereby his civil appeal against the dismissal of a constitutional petition by the High Court was dismissed.
2. The petitioner has taken up all the material grounds which were taken up by him during the course of the hearing of the appeal and have been dealt with and decided in the judgment whose review is now sought, For example, it is contended that by not supplying a copy of the detail dismissal order the principle of audi alteram partem was violated; that the direction of the competent authority to the Inquiry Officer that the witnesses should be examined and their statements recorded in the presence of the petitioner was violated; that the failure to supply the inquiry report and serve the second show-cause notice vitiated the result and that on facts the petitioner was not in any manner involved in the commission of the misconduct alleged against him.
3. We have heard the learned counsel for the petitioner and find that what he is seeking is a re-hearing of the arguments addressed by him at the time of hearing and disposal of the civil appeal and wants a different decision, from the one which has been given without satisfying the jurisdictional requirement necessary for maintaining a review petition. This the learned counsel for the petitioner cannot be permitted to do. The petition is, therefore, dismissed.
Petition dismissed.
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