| Citation(s) |
|---|
| 1972 SLG 165 1972 SLD 165 1972 SCMR 227 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 58-P of 1968, decision dated: 19th November 1969
HAMOODUR RAHMAN, C.J., SAJJAD AHMAD AND ABDUS SATTAR, JJ
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Civil Petition for Special Leave to Appeal No. 58-P of 1968, decision dated: 19th November 1969
HAMOODUR RAHMAN, C.J., SAJJAD AHMAD AND ABDUS SATTAR, JJ
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GULFRAZ
VS
THE JUDGES OF THE HIGH COURT OF WEST PAKISTAN, Peshawar High Court--Respondents
Law:
Section:
Constitution of Pakistan (1962), Art. 58(3)-Word "Order" Only those orders of High Court amenable to appeal in Supreme Court which are passed in exercise of its judicial function-Administrative order of High Court-Not open to appeal under Art. 58(3). The word "order" in Art. 58 of Constitution of Pakistan, 1962 is to be read ejusdem generis with , decree or sentence, which are used in the same context clearly bringing out the intention of the provision that only those orders of the High Court are amenable to appeal in the Supreme Court which are passed in exercise of judicial functions and authority. Muhammad Shafi, Senior Advocate Supreme Court instructed by Nazar Khan, Senior Attorney for Petitioner. Nemo for Respondents. Date of hearing : 19th November 1969. JUDGMENT SAJJAD AHMAD, J.-Petitioner Gulfraz, who was serving as an orderly in the High Court of West Pakistan, Peshawar Bench, was dismissed from service on a charge of misconduct for having refused to accompany a learned Judge of that Court on: tour to Karachi, except on certain pre-conditions. An inquiry was held in the matter by the Additional Registrar of the Peshawar Registry, who found the -petitioner guilty on the basis of which the order of dismissal was passed by the Senior Judge of the Peshawar Bench. A departmental appeal was preferred by the petitioner which was…
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