Law:

Section:

Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction, exercise of---High Court in exercise of its Constitutional discretionary jurisdiction must consciously and resolutely refuse to come to aid of or allow it to be exploited by a crafty and fussy civil servant in interest of service discipline as also in public interest. Ch. Muhammad Ikram Zahid for Appellant. ORDER MANZOOR HUSSAIN SIAL, J.---Mr. Hassan Imam Jafery, appellant, through this Intra-Court Appeal has called in question validity of an order passed on 7-7-92 by a learned Judge in Chamber, whereby writ petition No.5486 of 1992, earlier filed by him under Article 199, Constitution of Islamic Republic of Pakistan had been dismissed. 2. Dr. Hassan Imam Jafery, on his appointment as Medical Officer, had reported for duty on 24-4-84, in the office of Punjab Employees' Social Security Institution, 234-B, Peoples Colony, Faisalabad. He was posted as Resident Medical Officer in the Social Security Hospital, Faisalabad. He was granted permission for private practice, on a move made by him, in the year 1990. An order on 11-8-90 was passed by the Medical Superintendent of the Hospital, posting him as an ordinary Medical Officer, no longer entitled to draw non­-practicing allowance. This order was assailed by Dr. Hassan Imam Jafery, by filing a civil suit, on 6-12-90. His prayer for issuance of ad interim injunction was turned down by the trial Court. He however succeeded in appeal in that regard; but this Court, on 20-5-92, accepted the revision petition preferred by the Medical Superintendent, setting aside the order dated 13-11-1991, passed by Ch. Ahsan Ahmad; Addl. District Judge, Faisalabad, and restoring the trial. Court's order dated 16-2-91. Thereupon, the doctor filed the writ petition (No. 5486 of 1992), in order to achieve the same object, pleading that the process of normal civil litigation was very lengthy and was germane to denial of the requisite relief, and he was therefore invoking the constitutional jurisdiction of this Court in order to seek the only available efficacious, immediate and timely remedy, which he stood in need of. He however met failure, as although the…

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