Law:

Section:

(a) Constitution of Pakistan-------Art. 199---Constitutional petition---Civil service---Delay in filing the petition---Effect---Constitutional petition against impugned order was instituted by the petitioner after inordinate delay of six years and eight months---Petitioner though had pleaded that he had been agitating the matter before Departmental Authorities with due diligence, but it would not be sufficient to absolve the petitioner of the penal consequences of laches as there was considerable delay in filing the petition---Constitutional petition being incompetent and not maintainable, was dismissed, in circumstances. (b) Limitation Act (IX of 1908)--- ----Ss. 3 & 5---Constitution of Pakistan, Art.199---Constitutional petition---Civil service---Laches, meaning of---Concept of laches in civil matters---Laches in simplest form would mean failure of a person to do something which should have been done by him within reasonable time; and was not synonymous with delay alone, but it could be worked out to the disadvantage of another person in the matter of his right---No doubt marked distinction existed in between delay in filing legal proceedings within the period specified in Limitation Act, 1908 or any other law and delay in filing constitutional petition for which no statutory period was provided in that for the purpose of limitation, delay. of each and every day was to be explained by showing sufficient cause for condonation thereof---Concept of laches in service matters was different from ordinary litigation as principle of laches were strictly adhered to when a public servant or employee would seek restoration to his office or pray for redress of other grievances against wrongful orders. (c) Constitution of Pakistan--- ----Art. 199---Limitation Act (IX of 1908), Ss.3 & 5---Constitutional jurisdiction, exercise of---Limitation---Remedy under constitutional jurisdiction of High Court could not be availed of if it was not sought within reasonable time while exercising jurisdiction under Art.199 of the Constitution---High Court would grant relief on equitable principles subject to the condition that person invoking its jurisdiction was vigilant and not…

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