Law:

Section:

(a) Constitution of Pakistan (1973) Art. 185(3) Limitation Act (IX of 1908), S.5 Petition for leave to appeal Condonation of delay Petition for leave to appeal was barred by 48 days Petitioner was neither present in High Court, nor was he represented through a counsel on the day when the impugned order was passed by High Court, petitioner, thus, was not aware of the order passed on that day Delay in filing the petition was condoned in circumstances. (b) Constitution of Pakistan (1973) Art. 185(3) Civil service Contention was that the. order of High Court passing remarks about inefficiency of and shirking of duty by the petitioner and directing the same to be recorded in his A.C.R. had been made without giving an opportunity of hearing to the petitioner and, thus, he was condemned unheard Leave to appeal was granted to consider the said contention. ORDER ABDUL QADEER CHAUDHRY, J. Leave to appeal has been sought against the. judgment of the High Court, dated 22 12 1992, whereby it was directed that the remarks about inefficiency and shirking of duty be recorded in the A.C.R. of the petitioner. 2. The petition is barred by 48 days. The petitioner in his application for condonation of delay has stated that he was not a party to the case before the, High Court and had only submitted his explanation regarding delay in the proceedings pending before him. Neither the petitioner was present in the High Court on 22 12 1992, nor was he represented through a counsel, thus he was not aware of the order passed on that day. The delay is condoned for the reasons mentioned in the application. 3. The facts in brief are that respondent No.1 was challaned by the police and his case was pending in the Court of the petitioner. Respondent No.1 filed an…

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