Through this Constitutional petition, petitioner Muhammad Bashir assails the order impugned dated 24-9-1994 of the Divisional Engineer Phones, Bahawalpur, respondent No.1, whereby, the Telephone No.7345 was disconnected pursuant to its misuse in an illegal manlier as Public Call Office (PCO) at Fateh General Store, Bahawalpur.
2. Brief facts relevant for the disposal of this petition are that a surprise visit was made at Fateh General Store, Near Ghalla Mandi, Model Town-B, Bahawalpur by the Director Telegraphs, CTR, Bahawalpur on 15-1-1994. Alongwith other officials of the Telephone Department, and it was disclosed that the petitioner's telephone, which was originally installed at Plot No. 165-1/13 near Grain Market, Bahawalpur for his private use, had been shifted therefrom and was installed at Fateh General Sotre, and the same was being used as an illegal Public Call Office (PCO). In these circumstances a Notice was issued to the petitioner on 19-1-1994 seeking his clarification, as to why Telephone No.7345 should not be disconnected permanently due to unauthorized shifting.
3. In reply to the aforesaid notice, petitioner furnished his reply to the effect that how I have shifted my telephone, which was ordinarily placed at Fateh General Store for a few hours". There is no denying the fact that the aforesaid telephone was shifted by the petitioner at Fateh General Store, and the same was found as being misused as an illegal P.C.O. By the officials of the hiring contract, and as such, respondents were fully justified in withdrawing the facility so as to obviate its misuse.
4. Nothing has been brought on record to show the malice or animosity of the officials of the Telephone Department against the petitioner, who, on the other hand, himself admits the shifting of his phone at Fateh General Store. In this view of the matter, I am satisfied that the order impugned has been passed with lawful authority and jurisdiction, and no exception can be taken thereto.
Hence there is no option for this Court but to dismiss this petition as being without any merits.
Order accordingly. The impugned order shows that the petitioner's telephone has been disconnected only temporarily and, therefore, the petitioner can have a resort to the Competent Authority for the restoration of his telephone connection in accordance with law.