1. ABDUL QADEER CHAUDHRY, J.---The petitioner seeks leave to appeal against the judgment of the Peshawar High Court dated 19-3-1990 whereby the Constitution Petition of the petitioner was dismissed.
2. The facts, in brief, are that the petitioner who was serving in the Education Department, was served with a show-cause notice on 29-5-1979. According to the petitioner, he submitted his reply to the show-cause notice. However, a Writ Petition No.509/79 was filed in the Peshawar High Court.
2. On petitioner's application, an order of status quo was passed on 5-6-1979. The Writ Petition was withdrawn on 23-9-1979 and the same was accordingly dismissed. The petitioner was tried by Summary Military Court and on 28-10-1979, he was convicted as follows:--
(i) One year rigorous imprisonment
(ii) Fine of Rupees ten thousand
(iii) Ten lashes
(iv) To be dismissed from service The sentence so awarded was confirmed by the Deputy Martial Law Administrator on 3-12-1979 except tine of Rs.10,000. The petitioner was undergoing imprisonment when on the basis of his sentence awarded by Summary Military Court, by an order dated 18-11-1979 the petitioner was dismissed from service with effect from 28-10-1979. The petitioner on 29-5-1989 filed a Constitution Petition in the Peshawar High Court against his dismissal from service which was dismissed as stated above.
3. Learned counsel for the petitioner has admitted that he had not challenged the conviction which was awarded to the petitioner by the Summary Military Court. The dismissal of the petitioner was based on the order of conviction and unless the order is set aside, the petitioner cannot agitate his dismissal from service. He was dismissed from service on 18-11-1979 but the petitioner challenged that order on 29-5-1989 in Constitution Petition i.e. After about 10 years of the accrual of cause of action. Additionally, the prayer made in the petition relates to the terms and conditions of his service. On this ground also, the petition was not maintainable in the extraordinary jurisdiction of the High Court. His petition in the High Court was dismissed on the ground that there was inordinate delay in prosecuting the cause and for the aforesaid reason, this petition has no force.
4. The same is, therefore, dismissed and leave to appeal is refused.