Lawyers Directory Listing
Unlock direct contact details for up to 10 lawyers so you can call or WhatsApp the right legal professional and move your matter forward with confidence.
Criminal Original Petition No. 77‑R of 1985, decided on 25th February, 1986.
‑‑‑O. XXVII‑‑Contempt proceedings‑‑Petitioner contending that in terms of disposal of his civil petition for special leave to appeal, he was entitled to be referred to Public Service Commission and on its recommendation to be re‑instated in service and that there was a refusal on part of respondent to implement orders of Supreme Court‑‑According to condition of offer made by respondent only such employees as had not already been rejected by Federal Public Service Commission were to be re‑examined by Commission and on its recommendation respondent was to pass consequential orders‑‑Petitioner not covered by offer made by respondent and given effect to by judgment of Supreme Court‑ Petitioner in circumstances could not complain of disobedience of order of Supreme Court and seek initiation of contempt proceedings‑‑Petition, held, misconceived and dismissed.‑‑[Contempt of Court].
Petitioner in person.
Munir A. Sheikh, Deputy Attorney‑General and Ch. Akhtar Ali, Advocate‑on‑Record for Respondent.
Date of hearing: 25th February, 1986.
The petitioner has moved an application under Order XXVII of the Supreme Court Rules, 1980 for initiating contempt proceedings against Population Planning Division, Government of Pakistan, Islamabad. His contention is that in terms of the disposal of his Civil Petition for Special Leave to Appeal No.501/1983 he was entitled to be referred to the Public Service Commission and on its recommendation to be reinstated in service in the Population Planning Division. There was, according to the petitioner, a refusal on the part of the respondent to implement the orders of this Court.
The petitioner had challenged the judgment of the Federal Service Tribunal, dated 27‑1‑1983 whereby his Service Appeal No.179 (L)/81 was dismissed on the ground that his case was referred to the Federal Public Service Commission which did not consider him fit for appointment to the post he was holding or any other post of equivalent grade in the Population Planning Division. His claim to be absorbed in the civil service was, therefore, rejected. The very first condition of the offer made by the respondent through the Deputy Attorney‑General was that only such of the employees as had not already been rejected by the Federal Public Service Commission were to be re‑examined by the Commission and on its recommendation, the respondent was to pass consequential orders. The petitioner was, therefore, not covered by the offer made by the respondent and given effect to by our judgment. In the circumstances, he cannot complain of disobedience of the order and seek initiation of contempt proceedings against the respondent. His application is misconceived and is dismissed.
M . Y . H . Petition dismissed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer