Law: Constitution of Pakistan 1973

Section: 199

Law: Law Reforms Ordinance, 1972

Section: 3(2)

 Summary The Islamabad High Court dismissed the Intra-Court Appeal (ICA) filed by a former OGDCL employee challenging his dismissal from service after his educational certificates were found to be fake. The Court held that the appellant had concealed the fact that he had previously filed a writ petition on the same cause of action, which had been dismissed for non-prosecution, thereby abusing the judicial process. The Court further held that an Intra-Court Appeal was not maintainable because the disciplinary proceedings had already been subjected to departmental appeal and revision, attracting the bar under the proviso to Section 3(2) of the Law Reforms Ordinance, 1972. Tagline An Intra-Court Appeal is not maintainable where the original proceedings already provided a statutory remedy of appeal, review, or revision, and suppression of material facts disentitles a litigant from equitable relief. ORDER; MUHAMMAD ASIF, J-. Through  this  Intra  Court Appeal, the appellant has assailed the judgment dated 29.10.2018 (herein “impugned”), passed by the learned Single Bench of this Court, whereby Writ Petition No.4286/2017, filed by the appellant No.1, has been dismissed. The ephemeral facts of the case are that the appellant was appointed as Assistant Director (Trainee) on 24.06.1980 in OGDCL/respondents and after completion of training of two years, the appellant was appointed as Assistant Driller on 24.06.1982 on probation for a period of six months and he was confirmed as Assistant Driller on 21.04.1983. Finally, he was promoted to the post of Deputy Chief Driller in Executive Group on 01.07.2011; however, his Diploma and Secondary School Certificate, issued by the Secretary Board of Secondary Education, Karachi, submitted at the time of his initial appointment, were declared bogus by the respective departments. The appellant was charged under disciplinary proceedings, vide office memorandum dated 11.04.2013, and he was awarded a major penalty of reduction to a lower post and compulsory retirement. Subsequently, he was dismissed from his service, vide office memorandum dated 24.07.2013 in supersession of compulsory retirement &…