Law:

Section:

Constitution of Pakistan (1973)-------Art. 185(3)---Civil Procedure Code (V of 1908), S.11---Removal from service---Such order challenged in earlier Constitutional petition remained upheld upto Supreme Court---Petitioner filed second Constitutional petition against such order on the ground that employer had re-employed his co-accused, while he continued to have a stigma of removal from service---Second Constitutional petition was dismissed by Single Bench and Division Bench of High Court---Validity---Order of dismissal from service of petitioner had attained finality on account of dismissal of his earlier petition by Supreme Court---Petitioner was precluded by principle of res judicata from re-agitating same matter on same plea---Petitioner had been heard during course of departmental appeal---Supreme Court dismissed petition. Khondkar Ali Afzal v. Pakistan and another PLD 1959 (W.P.) Kar. 105 reversed. Pakistan through Secretary, National Assembly v. Khondkar Ali Afzal and another PLD 1960 SC 1 fol. Petitioner in person. Nemo for Respondents. Date of hearing: 18th March, 2003. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.---This petition is directed against the impugned judgment, dated 29-3-2000, passed by a learned Division Bench of the Lahore High Court, Lahore, in I.C.A. No.166 of 2000. 2. The petitioner, an ex-employee of the Punjab Textbook Board, Lahore, was removed from service on 19-6-1979. He challenged his removal from service by means of Writ Petition No.3782-S of 1979 and Intra-Court Appeal No.226 of 1979 which were dismissed by the Lahore High Court, Lahore. His Civil Petition for Leave to Appeal No.809 of 1979 was also dismissed by this Court. He filed another Writ Petition No.7260 of 1999 against the original order, dated 18-6-1979 of his removal from service on the grounds, inter alia, that, in the meantime, some other ex-employees had been re-employed by the respondent-Board despite their removal from service. The Lahore High Court, by judgment dated 18-2-2000 dismissed with costs the writ petition of the petitioner.…

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