Law:

Section:

Constitution of Pakistan (1973)--- ----Arts.185(3) & 212---Termination of his service and cancellation of allotment of Government flat to the civil servant---Contentions of , the petitioner civil servant was that he had filed Constitutional petition before High Court and was granted stay on 9-5-1994 which was confirmed on 6-2-1995 while the petition was heard on 14-1-2002 by the Chief Justice of the High Court sitting single and he dismissed the same by short order which was pronounced orally on the same date but reasons of written order were given on 16-2-2002 which on perusal showed that the order was signed by two Judges when the petition was heard only by the Chief Justice as per cause list dated 14-1-2002---Registrar of the High Court filed report stating therein that Constitutional petition in question was taken up on 14-1-2002 by a Bench presided over by the Chief Justice alone but same was left for hearing by a Division Bench on the following day, as such it was heard on 15-1-2002 and decided by a short order, however, there was mistake in the date of order on the part of concerned functionaries---Validity---Leave to appeal was granted by the Supreme Court to consider as to whether the petitioner was heard on 14-1-2002 by the Chief Justice of High Court only or was heard on 15-1-2002 by a Division Bench and whether the plea of the petitioner that his appeal with regard to termination of his service pending before the Supreme Court was considered by the High Court while dismissing the petition and what would have been the effect if the answer to the said plea would have been in the affirmative. or in the negative on the impugned . ORDER This civil petition for leave to appeal is directed against the judgment dated 14-1-2002 in C.P. No.D-1062 of 1994 (Feroze Akbar Khan v. Government of- Pakistan, Ministry of Defence and others) passed by learned Division Bench of the High Court of Sindh, Karachi whereby the said Constitution petition was dismissed. 2. Brief facts of the case are that the petitioner filed Constitutional Petition No.1062 of 1994 in the High Court of Sindh at Karachi stating therein that his services were illegally and mala fide…

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