Case Details

Citation(s)
1973 SLG 65 1973 SLD 65 1973 SCMR 153
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 321 of 1972, decision dated: 22nd January 1973.(On appeal from the judgment and order of the Lahore High Court, dated the 22nd June 1972, in Writ Petition No. 849 of 1972)
WAHEEDUDDIN AHMAD AND SALAHUDDIN AHMED, JJ
Petitioner in person. Nemo for
Respondents

M. GHULAM NABI

VS

Law:

Section:

(a) Constitution of Pakistan (1972), Art. 186-Appeal to Supreme Court--Questions of fact-Question whether petitioner is or is not a pauper-A question of fact-High Court giving cogent reasons for arriving at its conclusion-Interference refused. (b) Constitution of Pakistan (1972), Art. 201-Writ petition ­Cannot lie against High Court. ORDER WAHEEDUDDIN AHMAD, J.-The petitioner applied for one day's leave on the 12th November 1969, on the ground of illness which was allowed without pay by respondent No. 2 by order dated the 14th November 1969. The petitioner was also directed that in future, if he asks for leave on medical ground, he will appear before the Registrar personally along with the application. The petitioner challenged this order in appeal which was dismissed with the remarks that it could not be entertained being incompetent in the light of rule 24 of the High Court Establishment (Appointment and Conditions of Service) Rules. The matter was then placed before Mr. Justice A. R Sheikh. It was further laid down before the Chief Justice for final orders. The Chief Justice, by order dated the 26th May 1971, observed that the leave not being a right of the employee, the respondent No. 2 was fully competent to refuse leave to the petitioner. He further observed that the view taken by respondent No. 2, in the circumstances of the case, was somewhat…
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