' NASIM HASAN SHAH, C.J---This order will dispose of the above-mentioned two petitions as both of them are directed against one and the same order dated 19-5-1992 passed in Constitution Petition No,D-1683 of 1991 by a Division Bench of the Sindh High Court.
1. The facts that form the background are that one Mr. Muhammad Akram Khan, Executive Vice- President, National Bank of Pakistan filed a complaint before the Wafaqi Mohtasib alleging that the National Bank of Pakistan was flouting the order of this Court dated 11-12-1990 on account of ulterior and selfish motive. Mr. Muhammad Akram Khan in his complaint alleged that he had no stamina left to pursue the matter in the Supreme Court and as such he had approached the Wafaqi Mohtasib for redress of his grievance.
' The Wafaqi Mohtasib accordingly took cognizance of the matter, heard the arguments of the parties and recorded its Findings/Recommendations on 21-11-1991 and forwarded them to the Agency (National Bank of Pakistan) for compliance.
' The National Bank of Pakistan (respondent No,1) did not accept the said findings but instead of filing a representation to the President of Pakistan, as provided under Article 32 of President's Order 1 of 1983 filed a Constitution Petition before the Sindh High Court, at Karachi (Constitutional Petition No,1683/91) contending inter alia that the Findings/Recommendations dated 21-11-1991 were unwarranted and illegal and may be declared to be of no legal effect and set aside accordingly.
2. The Division Bench of the High Court of Sindh at Karachi accepted the said Constitution Petition vide order dated 19-5-1992 and declared the order passed by the Wafaqi Mohtasib dated 21-11-1991 as illegal and to be without lawful authority. Hence these two petitions.
3. It is contended that finding of the High Court that the Wafaqi Mohtasib had no jurisdiction in the matter of non-implementation of the order passed by the Supreme Court of Pakistan in view of the provisions of Act Article 9(2) of the President's Order 1 of 1983, which provision debars the Mohtasib "from accepting for investigation any complaint by or on behalf of a public servant or functionary concerning any matters relating to the Agency in which he is, or has been working in respect of any personal grievance relating to his service therein", is not correct. The submission is that this provision is not attracted and could not be invoked to oust the jurisdiction of the Wafaqi Mohtasib.
The complaint made by Mr. Muhammad Akram Khan, it is submitted, related to any act of maladministration on the part of the National Bank of Pakistan inasmuch as it was denying him justice by refusing to implement the order passed by the Superior Courts.
4. We have the learned counsel for the petitioners in both the petitions as well as Mr. S.M. Zafar, Advocate on behalf of the National Bank of Pakistan who has appeared in support of the caveat filed by the said respondent-National Bank.
5. It appears that Muhammad Akram Khan's Writ Petition challenging the order dated 30-12-1986 passed by the Bank authorities whereby he was awarded the punishment of degradation to lower stage of pay by two steps under Rule 37(e) and debarred from promotion from next two years under Rule 37(h) of the National Bank of Pakistan Staff Rules, 1980 was found to be well-founded on the ground that he was not granted an opportunity of personal hearing before imposition of above punishment. His Writ Petition was accordingly accepted with consequential benefits. The Supreme Court refused to interfere with this order of the High Court and dismiss the appeal (Civil Appeal No,505 of 1989) filed against.
6. However, while implementing the orders of the Court the Bank authorities ordered the promotion of Muhammad Akram Khan in the grade of Executive Vice-President with effect from 1-1-1988 with usual consequential monetary benefits but did allow all the prayers made by Muhammad Akram Khan in his Writ Petition. Muhammad Akram Khan considered that the acceptance of his Writ Petition .By the High Court and the dismissal of the appeal of the National Bank of Pakistan by the Supreme Court implied that he was entitled to the grant of relief in the same terms as was prayed for by him in this Writ Petition. The relief granted to him by promoting him in the grade of Executive Vice-President with effect from 1-1-1988 he felt was not enough and that the National Bank of Pakistan was guilty of contempt of Court.
7. Accordingly, Muhammad Akram Khan filed a Contempt Petition before the Lahore High Court (which had passed the original order dated 28-6-1989) accepting his Writ Petition.
8. The High Court however considered that no case of contempt was made out because the order passed by it on 28-6-1989 stood merged in the order dated 11-12-1990 passed by the Supreme Court. Accordingly the grievance of Muhammad Akram Khan, if any, in relation to non-compliance of the Orders of the Superior Courts could more appropriately be agitated before the Supreme Court. Since the order of the High Court had merged in the order of the Supreme Court dated 11-12- 1990 this order of the High Court dismissing the Contempt Petition was passed on 10-7-1991.
' Muhammad Akram Khan, as already observed did not move the Supreme Court as indicated by the High Court as, according to him, no stamina was left. Accordingly he filed a complaint before the Wafaqi Mohtasib on 27-8-1991 for "immediate implementation of the order of the Supreme Court of Pakistan dated 11-12-1990".
' The Ombudsman was of the opinion after hearing both the parties that the National Bank of Pakistan was obliged to honour the order of the Superior Courts and implement the same in accordance with the spirit of the said order under all circumstances. He, therefore, ordered vide his recommendations/findings dated 21-11-1991 that Muhammad Akram Khan may be granted relief in accordance with the prayers made by him in his Writ Petition. As noticed above these Findings/Recommendations were challenged by the National Bank of Pakistan through Constitutional Petition before the Sindh High Court which found vide judgment dated 19-5-1992 that the Wafaqi Mohtasib's jurisdiction was barred to issue the impugned directions under Article 9(2) of President's Order 1 of 1983. Hence these two petitions, one by Wafaqi Mohtasib (C.P.No,249 of 1992) and the other by Muhammad Akram Khan (C.P.No,310 of 1992).
After hearing the learned counsel for the parties we find that these petitions have now become only of academic interest. It appears that Muhammad Akram Khan had also moved a petition before Prime Minister of Pakistan challenging the order of the Board of Directors of the respondent- Bank promoting him as Executive Vice-President with effect from 1-1-1988. This representation was favourably considered by the Prime Minster who was pleased to issue a directive that "the promotion of Mr. Muhammad Akram A Khan as Executive Vice-President be and is hereby antedated to 1-1-1982". This directive of the Prime Minister has since been duly approved by a resolution of the Board of Directors of the Bank and the following Resolutions adopted namely; "Resolved that 'the promotion of Mr. Muhammad Akram Khan as Executive Vice-President be and is hereby antedated to 1-1-1982."
' This resolution was adopted sometimes in March, 1993 i,e. After the passing of the order of the Wafaqi Mohtasib dated 21-11-1991 and the impugned judgment of the High Court of Sindh, Karachi dated 19-5-1992. Now the main grievance of Muhammad Akram Khan stands removed as he had prayed in his Writ Petition that he be restored from Senior Vice-President to Executive Vice- President with effect from 1-1-1982. This has now been ordered by the Bank itself.
9. In this view of the matter these petitions are dismissed, as infructuous.