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1986 SCMR 1017

RIAZ QADEER KHAN LODHI vs SECRETARY, POPULATION PLANNING DIVISION, GOVERNMENT OF PAKISTAN

Citation1986 SCMR 1017
CourtSupreme Court of Pakistan
Case No.Criminal Original Petition No. 77-R of 1985
Date1986-02-24
Judge(s)Nasim Hasan Shah, Muhammad Haleem, Zaffar Hussain Mirza, Shafi-ur-
ResultPetition dismissed

ORDER

1. SHAFIUR RAHMAN, J.--The petitioner has moved an application under Order XXVII of the Supreme Court Rules, 1980 for initiating contempt proceedings against Population Planning Division, Government of Pakistan, Islamabad. His contention is that in terms of the disposal of his Civil Petition for Special Leave to Appeal No.501/1983 he was entitled to be referred to the Public Service Commission and on its recommendation to be reinstated in service in the Population Planning Division. There was, according to the petitioner, a refusal on the part of the respondent to implement the orders of this Court.

2. The petitioner had challenged the judgment of the Federal Service Tribunal, dated 27-1-1983 whereby his Service Appeal No.179 (L)/81 was dismissed on the ground that his case was referred to the Federal Public Service Commission which did not consider him fit for appointment to the post he was holding or any other post of equivalent grade in the Population Planning Division. His claim to be absorbed in the civil service was, therefore, rejected. The very first condition of the offer made by the respondent through the Deputy Attorney-General was that only such of the employees as had not already been rejected by the Federal Public Service Commission were to be re-examined by the Commission and on its recommendation, the respondent was to pass consequential orders.

3. The petitioner was, therefore, not covered by the offer made by the respondent and given effect to by our judgment. In the circumstances, he cannot complain of disobedience of the order and seek initiation of contempt proceedings against the respondent. His application is misconceived and is dismissed.

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