Law: Constitution of Pakistan, 1973

Section: 204,185(3)

Law: Contempt of Court Act, 1976

Section: 3,4

(a) Constitution of Pakistan (1973)---Arts. 204 & 185(3)---Contempt of Court Act (LXIV of 1976), Ss.3 & 4---Contempt of Court---High Court had summoned the petitioner to charge him for committing contempt of Court---Tenor of the order showed that High Court, after proper application of mind had decided to proceed against the petitioner under contempt laws and had issued notice to him---Since High Court had expressed its mind to charge the petitioner in contempt proceedings, the said order, to all intents and purposes, was a final order and hence could be assailed before Supreme Court---Respondent alleging violation and disobedience of two orders; one passed by High Court and the other by Supreme Court, had filed two contempt petitions---Record of the case manifested that pursuant to the said orders, petitioners had completed the missing service record of the respondent and referred the case to the Committee for the grant of BS-21 on meritorious grounds---Meeting of the Committee was also convened for considering the case of the respondent for regular promotion to BS-21, which came to the conclusion that no professor could be promoted to regular BS-21 through regular promotion and that no regular post in BS-21 existed against which any professor could be promoted, relevant portion whereof had been reproduced in the impugned order---Petitioners, by submitting the case of the respondent before the competent authority, had complied with the directions of High Court and Supreme Court and they could not be argued to have failed to do so---No case for initiating contempt proceedings was made out against the petitioners under the circumstances---High Court had dismissed the first petition after giving cogent reasons in accordance with the record of the case and also in consonance with the law on the subject---Admittedly, letter issued by the Cabinet Division informing that "none of the officers of SZPGMI has been approved for grant of BS-21 on meritorious basis" was not challenged by the respondent before any forum and he instead had opted to file the second petition, which was an endeavor to secure the promotion through exercise of pressure tactics by filing…

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