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Petitioner: Ms. GULSHAN. TAHIRA VS Respondent: ADDITIONAL REGISTRAR OF COMPANIES and 2 others
Court Name: Lahore High Court Judge(s): Sardar Muhammad Aslam Title: Ms. GULSHAN. TAHIRA vs ADDITIONAL REGISTRAR OF COMPANIES and 2 others Case No.: Writ Petition No,4912 of 2007 Date of Judgment:2008-02-07 Reported As: 2008 PLC (C.S.) 690 Result: Order accordingly
Judgment ORDER ' SARDAR MUHAMMAD ASLAM, J.--- The petitioner, through this constitutional petition, has sought the following relief in his prayer:-- "It is humbly prayed that Promotion Procedure, dated 24-4-2006 devised by respondent No,2 with short statutory numerical strength may graciously be declared as void ab initio and violative to the Fundamental Rights and a breach of the provisions of the SECP Act itself. Further prayed that the promotion made under the Promotion Procedure may kindly be declared as arbitrary, discriminatory, whimsical and capricious practically designed with ulterior motives achieved by abuse of power and misuse of authority. Further prayed that the excessive burden on the SECP Fund may kindly be declared as violative of the case-law pronounced by the Supreme Court of Pakistan in its judgment cited as 2006 SCM R 1867." 2. At the very outset, learned counsel for the respondents submitted that the petitioner has been dismissed from service on 11-10-2007. She has filed departmental appeal. She is no more an aggrieved person and this petition has become infructuous. 3. Learned counsel for the petitioner concedes that petitioner has been dismissed from service but her appeal for her reinstatement is under process and this petition, thus, can proceed. 4. After examining the above stance, I am of the view that the petitioner on her dismissal from service cannot pursue this petition until she is reinstated. This petition has become infructuous and is disposed of as such. 5. The petitioner may, on her reinstatement, if so advised, file a IA fresh constitutional petition on the same cause of action.