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SH. TAHIR IQBAL versus SYED MAZHAR-UL-HASSAN


Contempt of court Act 1976 section 3 constitution of Pakistan (1973), Article 204 signed the petition that the High Court order was not complied with the respondents employed the applicant after inquiry into the High Court petitioner's order. Excluded from Appeal filed against dismissal order, which is pending, does not raise the question of dismissing any contempt of court petition.

1986 P Cr. L J 1650

[Lahore]

Before Abdul Shakurul Salam, J

Sh. TAHIR IQBAL Petitioner

Versus

Syed MAZHAR‑UL‑HASSAN and others Respondents

Criminal Original No. 139/W of 1984, decided on 29th January, 1986.

Contempt of Court Act (LXIV of 1976)

‑‑‑S. 3‑‑Constitution of Pakistan (1973), Art. 204‑‑Contempt application moved on ground that order of High Court was not complied with by respondents‑‑Respondents dismissing petitioner from service after holding inquiry in pursuance of order of High Court‑‑Petitioner admittedly had filed appeal against order of dismissal which was pending‑‑Held, there was no question of any contempt‑‑Contempt application dismissed.

Petitioner in person.

Syed Raza Hussain Shamsi for Respondents Nos. 1 to 4.

ORDER

This contempt application under Article 204 of the Constitution read with section 3 of the Contempt of Court Act, 1976, has been filed on the ground that the order of the High Court in Writ Petition No.1184 of 1982 dated 3‑7‑1984 is not being complied with.

2. It is stated by the learned counsel for respondents Nos. 1 to 4 that in pursuance of the aforesaid order, inquiry was held and the petitioner was dismissed from service in August, 1985, and against that order, he has already filed an appeal before the competent authority which is still pending.

3. It is admitted by the petitioner that against the subsequent order of dismissal he has filed an appeal which is pending.

4. In this view of the matter, there is no question of any contempt This application is, therefore, dismissed.

H. A. K. Petition dismisses.

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