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Petitioner: MUSHTAQ AHMAD VS Respondent: WAPDA AND Another
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Shafi-ur-Rehman Title: MUSHTAQ AHMAD vs WAPDA AND Another Case No.: Civil Petition No. 1039 of 1980 Appeal No. 15 (L)/80 Date of Judgment:1980-12-19 Reported As: 1981 SCMR 1077 Result: petition dismissed
Judgment ORDER NASSIM HASAN SHAH, J.-According to the office note this petition is barred by 66 days. In excuse of the delay it is submitted that the order of the Federal Service Tribunal, impugned before this Court, was passed on 24-3-1980 and the petitioner challenged the same on 19-7-1980. In the intervening period, a writ petition was filed before the Lahore High Court (W. P. No. 5149/S-80) which was dismissed on 4-6-1980. The submission is that as the petitioner was diligently pursuing his case, the delay was liable to be excused. We do not find any force in this explanation. The provisions of Article A 212(3) of the Constitution are quite clear and provide that the order of the Service Tribunal must be challenged before the Supreme Court and, therefore, the time spent before the High Court in pursuing the remedy of the writpetition .Cannot be regarded as time spent bona fide in pursuing the case in wrong forum. There is, thus, no ground for condonation of delay . This petition is dismissed as barred by time.