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2003 PLC (C.S.) 1329

PARVEZ AHMAD vs FEDERATION OF PAKISTAN and others

Citation2003 PLC (C.S.) 1329
CourtSindh High Court
Case No.Civil Petition Nos.D-1959 to 1961 of 2002
Date2002-12-24
Judge(s)Khilji Arif Hussain, Muhammad Roshan Essani
ResultPetition dismissed

ORDER

1. ' MUHAMMAD ROSHAN ESSANI, J.---By this Constitution petition, the petitioner has sought following reliefs:--

(a) declare that the petitioner being Civil Servant is liable to be proceeded with under Efficiency and Discipline Rules 1973.

(b) declare that the impugned order of dismissal from service, civil imprisonment, reduction to the rank of Guard and recovery of amount etc. Is illegal, invalid and without lawful authority.

(c) declare that the petitioner continues to be in service of the respondent.

(d) pass order of release of the petitioner from the Central Prison, Karachi.

(e) direct the respondents to produce the documents.

(f) costs of the petition may be awarded.

(g) any other relief/reliefs which this Honourable Court may deem fit and proper under the circumstances of the case may also be awarded.

2. ' Brief facts of the case, as disclosed in the petition, are that the petitioner was employed as A.S.-I. In Airport Security Force (ASF). The petitioner was tried on the charge of misappropriating/embezzling public money by Field General Court Martial and was convicted and sentenced to suffer RI for four years and to pay the embezzled amount i,e, Rs,2,68,805. He was also dismissed from service by impugned judgment dated 1-10-2002.

3. ' We have heard Mr. Ghulam Sarwar Chandio, learned counsel appearing on behalf of the petitioner.

4. Admittedly the petitioner was serving as A.S.I. In Airport Security Force. He was subject to Pakistan Army Act 1952 (XXXIX of 1952). The petitioner was convicted and sentenced by a General Court Martial convened by competent Authority under the Act. The section 7-F of Airport Security Force (Amendment) Ordinance, 1984 provides that in all cases decided, the aggrieved person can file appeal/revision within a period of 30 days of the order/punishment before the authority specified in the section.

5. ' It is well-settled that writ jurisdiction could only be invoked when no adequate and efficacious remedy is provided under law. In the case in hand the right of appeal and revision has been provided to the aggrieved person and he can exhaust remedy before the proper forum provided under law. In this content reference can be made to the case of Azhar Maieed Khalid v. Force Commander Airport Security Force Quaid-e-Azam International Airport HQ Karachi and others reported in (2002 SCM R 1135).

6. ' Resultantly, the petition is misconceived and stands dismissed in

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