| Citation(s) |
|---|
| 1997 SLG 729 1997 SLD 729 1997 SCMR 1109 |
Supreme Court of Pakistan
Criminal Original Petition No. 40 of 1994 in Civil Appeal No. 788 of 1990, decision dated: 25-04-1995
MUHAMMAD BASHIR KHAN, JEHANGIRI, JJ
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Criminal Original Petition No. 40 of 1994 in Civil Appeal No. 788 of 1990, decision dated: 25-04-1995
MUHAMMAD BASHIR KHAN, JEHANGIRI, JJ
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S.M. RIZWAN ABIDI
VS
SHAMSUL MULK, CHAIRMAN, WATER AND, POWER DEVELOPMENT AUTHORITY
Law:
Section:
Constitution of Pakistan (1973)--Art. 204---Supreme Court Rules, 1980, O.XXXIII, R.6---Contempt of Court---Petitioner moved for contempt of Court against Chairman on respondent authority for disregarding Supreme Court's order and denying move-over to petitioner to BPS-20 to which he was held to be entitled by the Court--Validity---Petitioner's case for move-over, no doubt, had not been examined by the concerned Authorities in correct perspective, but there was no deliberate or contumacious disregard of the Supreme Court's in question either by the respondent or by any other officer---Petition for contempt of Court was accordingly dismissed with the direction to examine the petitioner's case afresh in the light of the aforesaid observations for allowing him move-over to the next higher grade. Hassan Ahmad Khan Kanwar, Advocate Supreme Court with S. Inayat Hussain, Advocate-on-Record for Petitioner. Date of hearing: 25th April, 1995. JUDGMENT ZIA MAHMOOD MIRZA, J.--Petitioner has filed this petition under Article 204 of the Constitution read with Order XXXIII, Rule 6 of the Supreme Court Rules, 1980 praying that the proceedings in contempt be initiated against the respondent/Chairman, WAPDA "for defiance of clear orders of this Hon'ble Court and he be dealt with in accordance with law" and he may also be directed to allow move-over to the petitioner to BPS-20 to which he was held to be entitled by this Court by its order dated 7-10-1992. 2. Facts forming the background of this petition, briefly stated, are that the petitioner was a Federal Government employee. His services were transferred to WAPDA on 18-10-1959. In 1974, his services were placed at the disposal of Mechanised Construction of Pakistan Limited where he served until he was repatriated to his parent organization i.e. WAPDA in 1985. His Annual Confidential - Reports received from Mechanised Construction of Pakistan were found to contain adverse remarks which were communicated to him and on the basis thereof he was not allowed move-over to the next higher grade to which he was entitled. Petitioner challenged the adverse remarks in his A. C. Rs. as also the denial of move-over to him before the Service…
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