| Citation(s) |
|---|
| 1973 SLG 37 1973 SLD 37 1973 SCMR 81 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No, K-182 of 1971, decision dated: 16th February 1973.(On appeal from the judgment and order of the High Court of Sind & Baluchistan at Karachi, dated the 15th of September 1971, in Writ Petition No. 402 of 1970)
SAJJAD AHMAD AND SALAHUDDIN AHMED, JJ
Muhammad Hayat Junejo, Advocate Supreme Court instructed by Sh. Hyder Bakhsh, Advocate-on-Record for Petitioner. Nemo for
Respondents
Civil Petition for Special Leave to Appeal No, K-182 of 1971, decision dated: 16th February 1973.(On appeal from the judgment and order of the High Court of Sind & Baluchistan at Karachi, dated the 15th of September 1971, in Writ Petition No. 402 of 1970)
SAJJAD AHMAD AND SALAHUDDIN AHMED, JJ
Muhammad Hayat Junejo, Advocate Supreme Court instructed by Sh. Hyder Bakhsh, Advocate-on-Record for Petitioner. Nemo for
Respondents
NAWAZ ALI SHAH-
VS
GOVERNMENT OF SIND AND others
Law:
Section:
Appeal to Supreme Court-New plea-Point never raised in Courts below Cannot be permitted to be raised for first time before Supreme Court. ORDER SALAHUDDIN AHMED, J.-The petitioner was promoted as Sub-Inspector of Police in March 1948, and subsequently in the year 1959 he was appointed as officiating Inspector of Police. He was compulsorily retired on the 1st February 1965, under the West Pakistan Government Servants (Further Usefulness in Public Service) Rules, 1963, on the ground of his having completed 25 years of service. The petitioner became aggrieved by this action and he filed Writ Petition No. 107 of 1965. During the pendency of this petition, however, the Inspector-General of Police, by his order dated the 28th March 1965 re-instated the petitioner and the writ petition having thus become infructuous was disposed of accordingly. The petitioner was again compulsorily retired with effect from the 1st May 1968, by the Deputy Inspector-General of Police by his order dated the 30th April 1967 in pursuance of paragraph (a) of Clause 4 of Article 178 of the 1962-Constitution brought in by the Sixth Amendment of 1966. Mr. Muhammad Hayat Junejo, learned Advocate on behalf of the petitioner has contended that the petitioner was not retired by the competent authority. According to…
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