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Petitioner: MUHAMMAD ANWAR QURESHI VS Respondent: DIRECTOR OF SETTLEMENT, SURVEY & LAND RECORDS, SINDH, THANDI SARAK, HYDERABAD
2000 P L C (C
2000 P L C (C.S.) 1140
[Karachi High Court]
Before Muhammad Roshan Essani and Muhammad Ashraf Leghari, JJ
MUHAMMAD ANWAR QURESHI
versus
THE DIRECTOR OF SETTLEMENT, SURVEY & LAND RECORDS, SINDH, THANDI SARAK, HYDERABAD and 2 others
Constitutional Petition No. D‑1475 of 1993, heard on 24th August, 1999.
Constitution of Pakistan (1973)‑‑‑
‑‑‑‑Art. 199‑‑‑Civil service‑‑‑Termination of service‑‑ ‑Constitutional petition ‑‑‑Maintainability‑‑‑Laches‑‑‑Petitioner who went on eight days' casual leave was involved in a criminal case and was convicted and sentenced for one year R.I.‑‑Services of petitioner were terminated on account of said conviction‑‑‑Petitioner after about nine years filed Constitutional petition against termination of service praying that his conviction and termination be declared as illegal‑‑‑Petitioner who filed Constitutional petition after lapse of about nine years, failed to explain such inordinate laches despite opportunity was afforded to him to explain the same‑‑‑Constitutional petition was dismissed being hopelessly barred by time.
Petitioner in person. Ainuddin, A.A.‑G. for the State.
Date of hearing: 24th August, 1999.
JUTGMENT
MUHAMMAD ASHRAF LEGHARI, J.‑‑‑The petitioner was serving as Senior Clerk in the office of Director of Settlement, Survey and Land Record, Sindh, Hyderabad and was posted at Khairpur Mir's. The petitioner sought 8 days' casual leave from 5ch to 12th December, 1983. On 6‑12‑1983, he went to Mirpukhas to get medicine for his ailing father from one Hakeem Noorul Hassan. Due to non‑availability of Hakeem, the petitioner went to the office of City Surveyor Mirpukhas and while he was sitting in the city office, raiding party of Anti‑Corruption Police trapped the City Surveyor and, alongwith him took the petitioner under arrest as one of the accomplice.
The F.I.R. bearing No.23 of 1983 was lodged by Anti‑Corruption Establishment, Mirpurkhas on 5‑12‑1983. After the investigation was over the challan was submitted on 2‑3‑1984, Summary Military Court at Mirpurkhas awarded conviction for imprisonment of one year R.I. to the petitioner. The petitioner due to the aforesaid conviction was terminated by the respondent No. 1 from the service.
The petitioner has sought the following reliefs in this petition:‑‑----
"(1) Be declare that the trial conducted on 2nd and 3rd May, 1984 by the Summary Military Court at Mirupukhas in Crime No. 23 of 1983 of A.C.E., Mirpurkhass was without lawful authority, illegal, bad in law, mala fide, coram non judice, without jurisdiction and of no legal effect.
(2)Be declare that the so‑called dismissal/removal/termination of the services of the petitioner by the Military Authorities is illegal, unjustified, unauthorised, improper, bad in law, void ab initio, without lawful authority and of no legal effect.
(3) Be declare that the petitioner is still in service of the respondents Nos. l and 2 and is entitled for all rights and privileges, as available to him under the law.
(4) Any other or additional relief as this Hon'ble Court may deem fit and proper in the circumstances of the case.
(5) Cost of the proceedings."
The petitioner is present in person. He has contended that case against him was false and that the conviction awarded to him by Summary Military Court was illegal, mala fide, coram non judice and his termination consequent thereto, was illegal and without jurisdiction.
Mr. Ainuddin learned A.A.‑G. has opposed the prayer of the petitioner and stated that the petitioner was convicted in the year 1984 and he has preferred this petition after about 9 years and the same is suffering from lathes.
Perusal of the record shows that the petitioner went on casual leave for 8 days from 5th to 12th December and on the fateful day he was present at the table of main accused at the time of trap conducted by Anti‑Corruption Police. He was taken under arrest and was nominated in challan as one of the accomplice. He was tried and convicted in May, 1984. The petitioner thereafter filed this petition after the lapse of about 9 years. By order of this Court dated 31‑5‑1994, the petitioner was allowed time to address the Court on the point of laches but he has not been able to convince the Court regarding the lathes. The letter dated 10‑9‑1989, placed on page 67‑A of the file, reveals that he was finally informed about the rejection of his petition up to the level of President of Pakistan in the year 1989. In spite of it, the petitioner has filed their petition on 10‑1‑1993 and has not filed the required documents and the material which could support the contentions of petitioner.
For the foregoing reasons, we do not find any substance in the petition and the same is dismissed. We had dismissed this petition by short order dated 24‑8‑1999, and above are the detailed reasons for the same.
H.B.T./M‑46/K Petition dismissed