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Petitioner: GUL DAALI VS Respondent: INSPECTOR-GENERAL OF POLICE, N.-W.F.P.
1998 P L C (C
1998 P L C (C. S.) 40
[Peshawar High Court]
Before Jawaid Nawaz Khan Gandapur and Hamid Saeed Malik, JJ
GUL DAALI
versus
INSPECTOR-GENERAL OF POLICE, N.-W.F.P. and 2 others
Writ Petition No. 130 of 1995, decided on 19th September, 1997.
North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973-
----R. 4----Constitutltalt of Pakistan (1973), Arts 199 & 212---Constitutional petition- --Civil servant---Removal/dismissal from service in 1984---Laches-- Bar of jurisdiction of High Court---Civil servant's departmental appeal was dismissed in 1985---Period of about 14 years had elapsed between his dismissal and filing of Constitutional petition---Such period, in service matter, could be treated as sufficient laches to prevent civil servant from raising grievance at such belated stage---Grievance of civil servant for re instatement in service, related to terms and conditions of his service for which there was proper forum provided for under the law---Jurisdiction of High Court was specifically barred in such matter---Constitutional petition was not maintainable in circumstances.
Ali Khan Qazi for Petitioner.
ORDER
HAMID SAEED MALIK, J.---In this Constitutional petition the writ petitioner has questioned the order dated 5-9-1984 of respondent No. 3 (S.P., Kohat) whereby he was dismissed from service on the basis of report registered vide: F. I. R. No. 78, dated 6-3-1983 under section 302/34, P. P. C. The petitioner appealed against such order of dismissal before respondent No.2 (D.I.-G., Kohat) but vide: order dated 3-1-1985 the appeal was dismissed. Thereafter, the petitioner also addressed another appeal to the Inspector-General, N.-W.F,P. (respondent No. 1), but the petitioner received no reply from the side of respondent No 1 till filing of the present Constitutional Petition.
We have heard the learned counsel for the petitioner and have also gone through the documents placed on file.
The writ petition in hand is, however, not maintainable on the grounds of laches and question of jurisdiction of this Court as well. The petitioner was dismissed from service on 5-9-1984 and his appeal was also dismissed in the year 1985. Thus, a period of about 14 years has already elapsed between his dismissal and filing of this writ petition. which period, to service matters, can be treated as sufficient laches to prevent the petitioner from raising such a plea at such a belated stage. Secondly, the grievance of the petitioner for re-instatement is a matter relating to the terms and conditions of his service for which there is a proper forum provided for under the law and the jurisdiction of this Court has specifically been barred under Article 212(2) of the Constitution of Islamic Republic of Pakistan.
The writ petition, being misconceiv6d, is not worth entertainable and is, therefore, dismissed in limine.
A.A./2220/P Petition dismissed.