| Citation(s) |
|---|
| 2018 SLG 2628 2018 SLD 2628 2018 PLC 95 |
Sindh High Court
C.P. No. D-1463 of 2011 and C.M.A. No. 16932 of 2012, decision Dated: 19-06-2017, hearing Date : 05-06-2017.
MUHAMMAD IQBAL KALHORO, JUSTICE ADNAN-UL-KARIM MEMON, JUSTICE
Petitioner(s) by: Abdul Salam Memon
Respondent(s) by: Abrar Hassan along with Maqbool Hussain Shaikh Accounts Officer, A.G. Sindh, Muhammad Aslam Butt, D.A.G.
C.P. No. D-1463 of 2011 and C.M.A. No. 16932 of 2012, decision Dated: 19-06-2017, hearing Date : 05-06-2017.
MUHAMMAD IQBAL KALHORO, JUSTICE ADNAN-UL-KARIM MEMON, JUSTICE
Petitioner(s) by: Abdul Salam Memon
Respondent(s) by: Abrar Hassan along with Maqbool Hussain Shaikh Accounts Officer, A.G. Sindh, Muhammad Aslam Butt, D.A.G.
ATIQ-UR-REHMAN
VS
FEDERATION OF PAKISTAN THROUGH SECRETARY ESTABLISHMENT DIVISION AND ANOTHER
Law: Constitution of Pakistan, 1973
Section: 189,204
Constitution of Pakistan--- ----Arts. 204 & 189---Contempt proceedings, initiation of---Constitutional petition filed by the petitioner was disposed of with the observation that if case of employee was found covered by the ratio laid down in the passed in another matter then same treatment should be given to the petitioner---Contention of petitioner was that order passed by the High Court had not been complied with in the terms as described---Validity---Judgment passed by the Service Tribunal against the petitioner had attained finality after Supreme Court rejected his appeal---Petitioner approached High Court and got order of disposal of his constitutional petition---Claim of petitioner for non-compliance of orders of High Court was not tenable in circumstances---Petitioner could not claim discrimination by relying upon the case of another employee which was distinguishable---Where on an identical issue/question, an order passed by the Supreme Court was in the field, High Court had no jurisdiction to give a contradictory finding---Contempt proceedings could not be maintained in circumstances---Contempt petition was dismissed accordingly. THIS ORDER PASSED BY: ADNAN-UL-KARIM MEMON, JUSTICE:---.--- Through the listed application (C.M.A. No. 16932/2012), the Applicant has prayed to initiate contempt of Court proceedings against the alleged contemnors. Whereas, vide order dated 30.03.2012 passed by this Court the instant Constitutional Petition was disposed of in the following terms:- "It is jointly stated that this petition may be disposed of in terms of order dated 02.04.2010 passed by a Division Bench of this Court in C.P. No. D-1759 of 2008, being annexure A to the petition. The petition along with pending applications stands disposed of in the foregoing terms." 2. For convenience, the above specified order dated 02.04.2010 is reproduced verbatim as follows:- "The petitioner claims that he was appointed as Assistant Audit Officer (BS-16) but having failed in SAS Examination twice, he was reduced in rank to BS-11. He states that in the meanwhile the Federal Service Tribunal in two judgments one dated 13.3.2006 passed in Appeal No. 571(R)/CS/2004 and other…
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