| Citation(s) |
|---|
| 2018 SLG 2941 2018 SLD 2941 2018 PLJ 82 |
Supreme Court of Pakistan
Civil Review Petition No. 2 of 2016, decision Dated: 13.04.2018. hearing Dated: 05.04.2018. (In the matter of review from the judgment of this Court Dated 25.11.2015 in Civil Miscellaneous No. 429 of 2014).
RAJA SAEED AKRAM KHAN, JUSTICE
PETITIONER(S): MUJAHID HUSSAIN NAQVI, FORMER SECRETARY TO Petitioner(s) by: person.
Respondent(s) by: Mr. Asghar Ali Malik, Advocate
Civil Review Petition No. 2 of 2016, decision Dated: 13.04.2018. hearing Dated: 05.04.2018. (In the matter of review from the judgment of this Court Dated 25.11.2015 in Civil Miscellaneous No. 429 of 2014).
RAJA SAEED AKRAM KHAN, JUSTICE
PETITIONER(S): MUJAHID HUSSAIN NAQVI, FORMER SECRETARY TO Petitioner(s) by: person.
Respondent(s) by: Mr. Asghar Ali Malik, Advocate
MUJAHID HUSSAIN NAQVI, FORMER SECRETARY TO GOVERNMENT
VS
AZAD KASHMIR GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR THROUGH CHIEF SECRETARY AND 3 OTHERS
Law: Azad Jammu and Kashmir Interim Constitution Act, 1974
Section: 13(c),42(A)
Law: Supreme Court Rules 1978
Section: O.XLIII,Rr.1,5
Azad Jammu and Kashmir Interim Constitution Act, 1974 (VIII of 1974)-- ----S. 42(A) & 13(c)--Constitutional petition--Supreme Court Rules 1978, O.XLIII, Rr. 1, 5--Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977--Petitioner was serving as secretary--Allegation of misconduct--Dismissal from service--Write petition--Accepted--Appeal was heard by division bench--Difference of opinion among members--Matter was referred to third judge--Petitioner was filed an application before Chief Justice to declared of High Court as of Supreme Court which was accepted--Challenge to--Conduct of petitioner is highly deplorable as firstly while referring to Constitutional as well as statutory provisions to demonstrate that Supreme Court for doing complete justice may extend any relief to him; he moved a baseless application and sought review of such s which had attained finality and after becoming unsuccessful, he again filed instant review petition for review of same s--It may be observed here that although this Court for doing complete justice may review its s/orders but 'complete justice' doesn't mean that Court just to satisfy a party/person may contravene law and reopen such case which has already been decided in accordance with law and attained finality--Court has to decide cases keeping in view facts as well as law applicable and cannot go beyond parameters/limitations determined by law--Order passed by learned Chief Justice of time dated 9.9.2009, was reviewed by larger bench of Court vide dated 9.5.2011 and appeal filed by respondents, herein, was restored--It appears that petitioner by using under review just as a tool wants to cover limitation, whereas, intention of petitioner which is apparent from grounds of review petition is to reopen matter which has been decided through s supra--Petitioner repetitively by filing frolicsome applications/petitions is wasting precious time of Court which is very regrettable, hence, he is warned to away from such practice in future; otherwise, stern action under law shall be taken against him--Petition dismissed. PLD 1962 SC 335, ref. THIS JUDGMENT DELIVERED BY: RAJA SAEED AKRAM KHAN, JUSTICE---.--- The…
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