' This civil petition for leave to appeal is directed against the judgment dated 14-1-2002 in C.P. No,D- 1062 of 1994 (Feroze Akbar Khan v. Government of Pakistan, Ministry of Defence and others) passed by learned Division Bench of the High Court of Sindh, Karachi whereby the said Constitution petition was dismissed.
2. Brief facts of the case are that the petitioner filed Constitutional Petition No,1062 of 1994 in the High Court of Sindh at Karachi stating therein that his services were illegally and mala fide terminated on 3-5-1992 when he was working as Senior Observer at Karachi under respondent No,2 Director-General, Pakistan Meteorological Services. The petitioner preferred departmental appeal to respondent No,2 but as an abundant caution also preferred appeal on the same date to the Secretary, Ministry of Defence, Rawalpindi but no response was received in the meanwhile respondent No,3, Estate Officer, cancelled his allotment of Government accommodation bearing Flat No,F-2/36, Gulshan-e-Sahaba, Karachi, wherein the petitioner was living since more than twenty years. The petitioner, in the circumstances, challenged the cancellation of allotment of the said Government flat in his occupation before the High Court. The petitioner has also filed photocopy of leave granting order dated 4-12-1996 of this Court in Civil. Petition No,236-K of 1995 against the order of Federal Service Tribunal dated 8-3-1995 in Appeal No,126-K of 1994 wherein he has challenged his termination from service w.e.f, 3-5-1992 wherein leave has been granted by this Court.
3. The above Constitutional petition was disposed of as per impugned judgment by learned Division Bench dismissing the same on the ground that the services of the petitioner were terminated, therefore, at the most he could have retained official accommodation for not more than six months hence he would have no right to remain in possession of the Government accommodation.
4. We have heard petitioner in person and perused the record.
5. Submissions of the petitioner are that he filed Constitutional petition and was granted interim stay on 9-5-1994 which was confirmed on 6-2-1995 while the petition was heard on 14-1-2002 by the Hon'ble Chief Justice of Sindh High Court sitting single and he dismissed the same by short order which was pronounced orally on the same date but reasons of written order were given on 16-2-2002 which on perusal showed that impugned order was signed by two Hon'ble Judges when the petition was only heard by Hon'ble Chief Justice as per cause list dated 14-1-2002. He further submitted that the impugned judgment did not state about pendency of his appeal before this Court wherein he has challenged the termination order of his service.
6. On perusal of cause list dated 14-1-2002 it would show that Miscellaneous Application No,5888 of 2001 in Constitutional Petition No,1062 of 1994 was fixed before Hon'ble Chief Justice (Court No,I), whereas the impugned judgment would show that it was heard by a Division Bench comprising of learned Chief Justice and Mushir Alan J. On 14-1-2002 and was dismissed when normally on Monday all the Benches are presided over by learned Single Judge. This petition came up for hearing on 28-3-2002 before Full Bench of this Court and report was ordered to be called from the Registrar of the High Court of Sindh as to whether the petition was heard by Division Bench as reflected in the judgment. The matter again came up before the Full Bench of this Court on 15-5- 2002 when it was found that order to call for the report from the Registrar was communicated to the High Court on 6th April, 2002 followed by a reminder letter dated 4th May, 2002 which was duly delivered in the office of the Registrar but no response was received from him, therefore the Registrar was directed to appear in person before this Court on 16-5-2002 alongwith the requisite report and to show cause as to why action for wilful disobedience of lawful order of this Court be not initiated against him. The Registrar submitted reply to the show-cause notice alongwith annexures when he was also given further time to file photocopies for perusal of the Members of the Bench in the shape of paper books with a copy to the petitioner as well. However, the report was filed wherein it has been stated that order sheet dated 14-1-2002 also did not indicate the hearing of the said petition by Division Bench, however, petition alongwith miscellaneous application pending therein was dismissed which bore the signature of Hon'ble Chief Justice alone.
It has further been stated that when the matter was discussed with Mushir Alam, J. Who informed him that his lordship could not give definite reply about the said Petition No,D-1062 of 1994 having been heard by Division Bench. Further report is submitted by him wherein it has been stated that Constitutional petition was taken up on 14th January, 2002 by a Bench presided over by Hon'ble Chief Justice only but same was kept for hearing by a Division Bench on the following day as such it was heard on 15th January, 2002 by learned Division Bench and was decided by short order, however, there was mistake in the date of order on the part of concerned functionaries.
7. In view of above material and the circumstances the petitioner has made out prima facie a case for grant of leave to appeal to consider whether he was heard on 14-1-2002 by learned Chief Justice only or was heard on 15-1-2002 by a Division Bench and further whether the plea of petitioner that his appeal with regard to termination of his service pending before this Court was considered while dismissing the petition, and what would have been the effect if the answers to the above pleas would have been in the affirmative or in the negative on the impugned judgment.
8. In the circumstances leave to appeal is granted in this petition to consider the contentions of the petitioner stated in para. 7 of this order. So far the orders on the question of show-cause notice issued to the Registrar, Sindh High Court for disobedience of the order of this Court, same is disposed of by separate order.