Case Details

Citation(s)
1998 SLG 1196 1998 SLD 1196 1998 PLC 40
Peshawar High Court
Writ Petition No. 130 of 1995, decision dated: 19-09-1997.
JAWAID NAWAZ KHAN GANDAPUR AND HAMID SAEED MALIK, JJ

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GUL DAALI

VS

INSPECTORGENERAL OF POLICE, N.W.F.P. and 2 others

Law:

Section:

North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973-----R. 4----Constitutltalt of Pakistan (1973), Arts 199 & 212---Constitutional petition- --Civil servant---Removal/dismissal from service in 1984---Laches--­Bar of jurisdiction of High Court---Civil servant's departmental appeal was dismissed in 1985---Period of about 14 years had elapsed between his dismissal and filing of Constitutional petition---Such period, in service matter, could be treated as sufficient laches to prevent civil servant from raising grievance at such belated stage---Grievance of civil servant for re­instatement in service, related to terms and conditions of his service for which there was proper forum provided for under the law---Jurisdiction of High Court was specifically barred in such matter---Constitutional petition was not maintainable in circumstances. Ali Khan Qazi for Petitioner. ORDER HAMID SAEED MALIK, J.---In this Constitutional petition the writ petitioner has questioned the order dated 5-9-1984 of respondent No. 3 (S.P., Kohat) whereby he was dismissed from service on the basis of report registered vide: F. I. R. No. 78, dated 6-3-1983 under section 302/34, P. P. C. The petitioner appealed against such order of dismissal before respondent No.2 (D.I.-G., Kohat) but vide: order dated 3-1-1985 the appeal was dismissed. Thereafter, the petitioner also addressed another appeal to the Inspector-General, N.-W.F,P.…
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