1. SAJJAD AHMAD, J.-Petitioner Gulfraz, who was serving as an orderly in the High Court of West Pakistan, Peshawar Bench, was dismissed from service on a charge of misconduct for having refused to accompany a learned Judge of that Court on: tour to Karachi, except on certain pre- conditions. An inquiry was held in the matter by the Additional Registrar of the Peshawar Registry, who found the -petitioner guilty on the basis of which the order of dismissal was passed by the Senior Judge of the Peshawar Bench.
2. A departmental appeal was preferred by the petitioner which was heard by a Division Bench of the High Court which changed the order of dismissal into one of removal from service. The petitioner seeks special leave to appeal from that order.
3. The petition must be dismissed on the short ground that the learned Senior Judge, Peshawar, had made the order of the petitioner's dismissal in his administrative capacity and not in the exercise of his judicial functions. The departmental appeal filed by the petitioner was disposed of by the Division Bench in the same administrative capacity.
4. The learned counsel for the petitioner has argued that the word "order" in Art. 58 of the abrogated Constitution of 1962 would cover every type of an order by the High Court, includ--ing an administrative order. We do not agree. The word "order" in Art. 58 aforesaid is to be read ejusdem generis with judgment, decree or sentence, which are used in the same context clearly' bringing out the intention of the provision that only those orders of the High Court are amenable to appeal in this Court which are passed in exercise of its judicial functions and authority.
5. The petition is dismissed.