Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973--

----Art. 199--Application for retirement on medical ground--Medical board--Invalidation certificate--Concealment of facts--Fake and bogus invalidation certificate--Father of petitioner was filed application for retirement on completion of 25 years service--No record relating to Invalidation Certificate, produced by father of petitioner, was found same was fake and bogus--It is well established by now that disputed questions of facts cannot be adjudicated upon in those proceedings rather for said purpose jurisdiction lies with relevant forum, hence, no relief could be granted to petitioner--How petitioner could file application on behalf of his father, during his lifetime, especially when he was in service and secondly, said application became irrelevant when his father himself filed application for his retirement on completion of qualifying service of 25 years--Counsel for petitioner had categorically argued that application did not bear signatures of father of petitioner same could not be used against petitioner but a perusal of application shows that same was not only signed by father of petitioner but it also bears his thumb mark--Dozens of documents which neither had been appended by petitioner with that petition nor had been referred therein which means that petitioner is guilty of concealment of material facts--It was well settled by now that a person who seeks equity must do equity and when anybody is found involved in active concealment of a fact germane for decision of a case, no relief can be granted to him--Petition dismissed.

 

ORDER

Unnecessary details apart, the facts, as divulged in this petition, are that the petitioner, on 25.02.2008, filed an application for retirement of his father, namely, Ali Akbar, who was serving as Sub Inspector in Punjab Police, District Jhang. The District Police Officer, Jhang (Respondent No. 2) referred the matter to the Medical Superintendent, District Headquarters Hospital, Jhang, for medical examination of father of the petitioner. The Medical Board, constituted to know the exact medical position of father of the petitioner, opined that father of the petitioner was unfit for further service. As father of the petitioner was not retired on medical grounds, he was constrained to file application, on 05.05.2008, for his retirement, w.e.f. 01.07.2008, on completion of qualifying service of 25 years. The petitioner, being son of deceased government servant, filed application for his appointment as Junior Clerk in the Police Department and no favourable order having been passed therein, he has filed this petition.