Law:

Section:

Constitution of Pakistan (1973)--Arts. 212(3) & 199---Civil servant on conviction was dismissed from service--­Civil servant filed Constitutional petition against his dismissal after about ten years which was dismissed---Leave to appeal---Dismissal of civil servant was based on the order of conviction and unless same was set aside, he could not agitate his dismissal from service---Prayer made in the Constitutional petition related to the terms and conditions of his service, as such same was not maintainable in the extraordinary jurisdiction of High Court---Civil servant's Constitutional petition was dismissed on the ground that there was inordinate delay in prosecuting the cause and for that reason petition for leave to appeal had no force---Leave to appeal was refused in circumstances. ORDER ABDUL QADEER CHAUDHRY, J.---The petitioner seeks leave to appeal against the judgment of the Peshawar High Court dated 19-3-1990 whereby the Constitution Petition of the petitioner was dismissed. 2. The facts, in brief, are that the petitioner who was serving in the Education Department, was served with a show-cause notice on 29-5-1979. According to the petitioner, he submitted his reply to the show-cause notice. However, a Writ Petition No.509/79 was filed in the Peshawar High Court. On petitioner's application, an order of status quo was passed on 5-6-1979. The Writ Petition was withdrawn on 23-9-1979 and the same was accordingly dismissed. The petitioner was tried by Summary Military Court and on 28-10-1979, he was convicted as follows:-- (i) One year rigorous imprisonment (ii) Fine of Rupees ten thousand (iii) Ten lashes (iv) To be dismissed from service The sentence so awarded was confirmed by…

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