Law:

Section:

Constitution of Pakistan (1962)------ Art. 98-Writ petition by Government servant-High Court refusing to exercise its discre­tionary powers on ground that petitioner's conduct in not obeying order of transfer in first instance amounted to indiscipline and Court could not countenance such conduct-Special Leave to Appeal prayed for refused by Supreme Court on ground that it is not practice of Supreme Court to interfere with discretionary orders passed on Sound judicial principles. Munir Ahmad, Advocate Supreme Court instructed by Tanvir Ahmad, Attorney for Petitioner. Nemo for Respondents. Date of hearing : 9th October 1968. JUDGMENT HAMOODUR RAHMAN, J.-The petitioner who was a Senior Superintendent in the Health Directorate, Lahore Region, in a substantive capacity, was compulsorily retired from service with effect from the 30th September 1966, lay air order passed on the 11th October 1967. He moved the High Court of West Pakistan, under Article 98 of the Constitution, to have the legality of the said order tested after his representations to the Departmental authorities had proved futile. The High Court was not wholly unimpressed by the case of the petitioner who appeared to have been dealt with rather harshly, but, nevertheless, dismissed the petition in limine for the following reason "We may have considered the issuance of a direction to the competent authority to pass an order in accordance with the paragraph 15 in any other case but in view of the conduct of the petitioner we feel that he has disentitled himself to this discretionary relief because we do not countenance indiscipline in services." It appears that the immediate cause for the retirement of the petitioner was his failure to carry out an order transferring him from the Directorate to the office of the Secretary, Health, Department, Government of West Pakistan, on the 4th June 1966. The petitioner replied to this letter on the same day saying that since he was an employee of the Directorate, he could not be transferred to the Secretariat and, therefore, he was reporting for duty to the Directorate on the expiry of his leave. He never actually moved to the Secretariat, for, he…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492