| Citation(s) |
|---|
| 1987 SLG 1580 1987 SLD 1580 1987 SCMR 751 |
Supreme Court of Pakistan
Criminal Appeal No.6 of 1987 in Criminal Petition for Special Leave to Appeal No.110 of 1986, decided on 4th February, 1987. (On Appeal from the and order of the Lahore High Court dated 18-2-1986 in Criminal Appeal No.618 of 1985). Date of hearing: 4t
MUHAMMAD AFZAL ZULLAH, MIAN BURHANUDDIN KHAN AND SAAD SAOOD, JAN, JJ
Amjad Ahad, Senior Advocate Supreme Court for Petitioner. Asadullah Siddiqui, Advocate Supreme Court and Sh. Salahuddin Advocate-on-Record for
Respondents. Rao M Yusuf Khan, Advocate-on-Record (absent) and Nusratullah, Advocate Supreme Court for the S
Criminal Appeal No.6 of 1987 in Criminal Petition for Special Leave to Appeal No.110 of 1986, decided on 4th February, 1987. (On Appeal from the and order of the Lahore High Court dated 18-2-1986 in Criminal Appeal No.618 of 1985). Date of hearing: 4t
MUHAMMAD AFZAL ZULLAH, MIAN BURHANUDDIN KHAN AND SAAD SAOOD, JAN, JJ
Amjad Ahad, Senior Advocate Supreme Court for Petitioner. Asadullah Siddiqui, Advocate Supreme Court and Sh. Salahuddin Advocate-on-Record for
Respondents. Rao M Yusuf Khan, Advocate-on-Record (absent) and Nusratullah, Advocate Supreme Court for the S
IRFAN ASHIQ--Petitioner
VS
GENERAL MANAGER, KUNDIAN NUCLEAR COMPLEX--Respondent
Law:
Section:
Constitution of Pakistan (1973)- ---Art. 185(3)--Pakistan Essential Services (Maintenance) Act (LIII of 1952), Ss.7(3) & 5(1)(a),(b)--Criminal Procedure Code (V of 1898), S.417(2) (3)--Limitation Act (IX of 1908), S.12--Leave to appeal granted to consider question of limitation--Petitioner tried by Magistrate under S.7(3), read with S.5(1)(a), (b), Essential Services Act, 1952 and was acquitted--Respondent filing petition for special leave to appeal in High Court under S.417(2), Criminal Procedure Code to which objection was taken that petition was time-barred--High Court converting petition into appeal, holding petition to be within time, setting aside order o1 petitioner's acquittal as being without any legal sanction and remanding case for retrial in accordance with law--Petition for special leave to appeal before High Court found in fact to be barred by one day-Impugned order set aside. JUDGMENT MIAN BURHANUDDIN KHAN, J.-- Petitioner Irfan Ashiq was posted in the Kundian Nuclear Complex. On 3-3-1980 he applied for 24 days leave from 4-3-1980 to 27-3-1980 and proceeded on leave without sanction of the competent authority. He was telegraphically informed on 1-4-1980 to resume duty immediately and a registered letter was also addressed to him on 9-4-1980 in this connection and he was finally directed on 23-4-1980 to report for duty by 30-4-1980 and it was indicated that if he failed to do so, action under Pakistan Essential Services (Maintenance) Act, 1952 would be taken. In spite of this the petitioner failed to resume duty by 30-4-1980. Since the petitioner failed to comply with the lawful order given in the course of his employment, and thus committed an offence under the aforesaid Act, complaint was filed against him by the General Manager, Nuclear Complex, Kundian, District Mianwali with Magistrate, First Class, Mianwali under section 7(3) read with section 5 (i)(a) and section 5 (1) (b) of the Act. The M.I. C. , vide his order, dated 10-8-1981 acquitted the accused petitioner. The respondent filed petition for special leave to appeal in the Lahore High Court under section 417(2), Cr.P.C. to which objection was taken that the petitioner was…
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