Case Details

Citation(s)
2020 SLG 1763 2020 SLD 1763 2020 PLC 822
Peshawar High Court
W.P. No. 11-M of 2019, decision Dated: 17-09-2019
SYED ARSHAD ALI, JUSTICE WIQAR AHMAD, JUSTICE
Muhammad Arif for Petitioner.

SAJJAD HUSSAIN CONSTABLE NO. 1076, SPECIAL FORCE DISTRICT SWAT

VS

GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH HOME SECRETARY AND 2 OTHERS

Law:

Section:

Civil service--- ----Contract employee involved in a criminal case was terminated from service---Contention of employee was that he had been acquitted from the criminal case---Validity---Employee was acquitted from the criminal case due to compromise and settlement with the complainant party---Employee was removed from service on 07-11-2012 and Constitutional petition had been filed in the year 2018 which was hit by the doctrine of laches---Contract employee had no right to maintain a constitutional petition for his reinstatement in service---Contract employee had not been provided right to proper inquiry in law---Such employee could not seek similar treatment with regular employees of the department---Constitutional petition was dismissed, in circumstances. WAPDA through Chairman and others v. Abdul Ghaffar 2018 SCMR 380; Aamir Junaid and 143 others v. Government of the Punjab through Chief Secretary and 5 others 2014 PLC (C.S.) 1; The Secretary, Government of the Punjab through Secretary, Health Department, Lahore and others v. Riaz-ul-Haq 1997 SCMR 1552 ref. Civil Aviation Authority through Director General and 3 others v. Mir Zulfiqar Ali and another 2016 SCMR 183; Umar Baz Khan through L.Hrs. v. Syed Jehanzeb and others PLD 2013 SC 268; Federation of Pakistan and another v. Hashim Khan Qureshi 1987 SCMR 156; Government of Balochistan v. Dr. Zahida Kakar 2005 SCMR 642; Khwaja Abdul Hameed Nasir and others v. National Bank of Pakistan and others 2003 SCMR 1030; WAPDA through Chairman and others v. Abdul Ghaffar and others 2018 SCMR 380; A.C./Administrator, Municipal Committee, Lakki Marwat, N.W.F.P v. Izzat Khan and 12 others 2000 SCMR 777; WAPDA through Chairman and others v. Abdul Ghaffar and others 2018 SCMR 380; Rana Asif Nadeem v. Executive District Officer, Education, District Nankana and 2 others 2008 PLC (C.S.) 715 and The Secretary, Government of the Punjab through Secretary, Health Department, Lahore and others v. Riaz-ul-Haq 1997 SCMR 1552 rel. THIS ORDER PASSED BY: WIQAR AHMAD, JUSTICE:---.--- This order is directed to dispose of Writ Petition bearing No. 11-M of 2019 filed by the petitioner Sajjad Hussain under Article 199 of the Constitution of…
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