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Petitioner: ABDUL REHMAN VS Respondent: ABDUL GHAFOOR And 4 Other
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Syed Usman Ali Shah Title: ABDUL REHMAN vs ABDUL GHAFOOR And 4 Other Case No.: Civil Petition for Leave to Appeal No. 285 of 1985 W.P. No. 3163 of 1983 Date of Judgment:1991-06-03 Reported As: 1991 SCMR 1544 Result: Leave granted
Judgment ORDER S. USMAN ALI SHAH, J.---Leave to appeal has been sought by the petitioner against the order of the Lahore High Court, Lahore dated 19-1-1985, whereby writ petition of Abdul Ghafoor (respondent No.1) was accepted and the order passed by Commissioner, Faisalabad dated 10-7-1983. Reinstating m service Abdur Rehman petitioner herein, was declared to be of no legal effect and restored the order dated 22-3-1982 passed by the Deputy Commissioner. In support of this petition it is urged before us by the learned counsel for the petitioner that the order dated 22-3-1982, passed by the Deputy Commissioner, Faisalabad was without jurisdiction and legally non-existent and the High Court while ignoring the fact that respondent No.1 Abdul Ghafoor virtually challenged the order of the Government of the Punjab dated 28-12-?? Whereby the Commissioner, Faisalabad was directed to decide the case of the petitioner afresh on the appeal pending before the D.C. The writ petition notwithstanding the fact being hit by laches, the respondent No.1 was not entitled to the relief claimed in the Constitutional petition. The contention raised on behalf of the petitioner needs examination. Leave to appeal is granted. Security for costs in the sum of Rs.1,000. The appeal is to be prepared on the same record at an early date, with permission to the parties to file additional documents, if necessary.
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