| Citation(s) |
|---|
| 2010 SLG 1227 2010 SLD 1227 2010 YLR 185 |
Sindh High Court
Constitutional Petition No. 222 of 2009 and C.M.As. Nos. 9283 of 2008, 1136, 1137 of 2007, decided on 20-01-2009.
ANWAR ZAHEER, JAMALI, JUSTICE
Ikram Siddique for Petitioner. Miran Muhammad Shah, A.G. Sindh for
Respondents. Abdul Rehman for alleged contemnor Mumtaz-ur-Rehman, Secretary Province of Sindh, Cooperative for Department.
Constitutional Petition No. 222 of 2009 and C.M.As. Nos. 9283 of 2008, 1136, 1137 of 2007, decided on 20-01-2009.
ANWAR ZAHEER, JAMALI, JUSTICE
Ikram Siddique for Petitioner. Miran Muhammad Shah, A.G. Sindh for
Respondents. Abdul Rehman for alleged contemnor Mumtaz-ur-Rehman, Secretary Province of Sindh, Cooperative for Department.
NASIMUL HAQ MALIK
VS
PROVINCE OF SINDH THROUGH CHIEF SECRETARY AND 2 OTHERS
Law: Constitution of Pakistan, 1973
Section: 199
Constitution of Pakistan (1973)--- ----Art.199---Miscellaneous application---Constitutional petition having been finally disposed of and eventually compliance of such disposal order had also been made on issuance of notification, such aspects of the case could not be examined, while entertaining miscellaneous application in a disposed of constitutional petition--Pending applications were disposed of by the High Court with the observation that it would be open to the petitioner to agitate his further grievances in the matter by way of filing a fresh constitutional petition or availing any other remedy before a competent forum; where proper opportunity would be given to respondents to defend their case against the claim of the petitioner. THIS ORDER PASSED BY: ANWAR ZAHEER JAMALI, JUSTICE:---.--- Heard Learned counsel. Perusal of case record reveals that this petition was finally disposed of vide order dated 4-5-2006 reads thus: "4.5-2006. Mr. Abrar Bukhari, Advocate for petitioner. Mr. Muhammad Qasim Mirjat, A.A.G. Mr. Mumtaz ur Rehman Secretary Province of Sindh, Co-operative Department. Mr. Jalaluddin Langah, Registrar, Co-operative Housing Society, Sindh. Mr. Mumtaz-ur-Rehman admits that the petitioner could not be required to furnish the missing A.C.Rs and an inquiry into disappearance of ACRS has already been ordered through a Committee headed by Mr. Langah, however, in view of the consideration that petitioner could not be punished for faults of others, he undertakes that the petitioner's record of service premised on the basis of available A.C.Rs will be forwarded to the appropriate Selection Board, which will consider his fitness for promotion. Petition stands disposed of. (Sd.) Chief Justice. (Sd.) Judge" Subsequently, from time to time, the petitioner was compelled to move Miscellaneous Application in this Petition in order to show the non-compliance of order dated 4-5-2006 passed by this Court in its letter and spirit. On such miscellaneous applications orders dated 19-9-2006, 13-12-2006 and 6-7-2007 were passed. In this background on 9-1-2009 reply of one miscellaneous application has been submitted on behalf of respondents, which is accompanied with…
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