2006 PLP 867 (SCMR)
Ch. RIAZ AHMAD — Petitioner Versus PUNJAB TEXTBOOK BOARD, LAHORE and others — Respondents
| Citation | 2006 PLP 867 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Javed Iqbal and Faqir Muhammad Khokhar, JJ |
| Parties | Ch. RIAZ AHMAD — Petitioner Versus PUNJAB TEXTBOOK BOARD, LAHORE and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2006 PLP 867 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 867 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Javed Iqbal and Faqir Muhammad Khokhar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 867 (SCMR) (Ch. RIAZ AHMAD — Petitioner Versus PUNJAB TEXTBOOK BOARD, LAHORE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Respondents.
- Date of hearing: 18th March, 2003.
Headnotes / Summary
(For Leave to appeal from judgment dated 29-3-2000 passed by the Lahore High Court, Lahore passed in I.C.A. No.166 of 2000).
Art. 185(3)
Civil Procedure Code (V of 1908), S.11
Such order challenged in earlier Constitutional petition remained upheld upto Supreme Court
Petitioner filed second Constitutional petition against such order on the ground that employer had re-employed his co-accused, while he continued to have a stigma of removal from service
Second Constitutional petition was dismissed by Single Bench and Division Bench of High Court
Order of dismissal from service of petitioner had attained finality on account of dismissal of his earlier petition by Supreme Court
Petitioner was precluded by principle of res judicata from re-agitating same matter on same plea
Petitioner had been heard during course of departmental appeal
Supreme Court dismissed petition. Khondkar Ali Afzal v. Pakistan and another PLD 1959 (W.P.) Kar. 105 reversed. Pakistan through Secretary, National Assembly v. Khondkar Ali Afzal and another PLD 1960 SC 1 fol. Petitioner in person.
Judgment & Decree
FAQIR MUHAMMAD KHOKHAR, J.
This petition is directed against the impugned judgment, dated 29-3-2000, passed by a learned Division Bench of the Lahore High Court, Lahore, in I.C.A. No.166 of 2000.
2. The petitioner, an ex-employee of the Punjab Textbook Board, Lahore, was removed from service on 19-6-1979. He challenged his removal from service by means of Writ Petition No.3782-S of 1979 and Intra-Court Appeal No.226 of 1979 which were dismissed by the Lahore High Court, Lahore. His Civil Petition for Leave to Appeal No.809 of 1979 was also dismissed by this Court. He filed another Writ Petition No.7260 of 1999 against the original order, dated 18-6-1979 of his removal from service on the grounds, inter alia, that, in the meantime, some other ex-employees had been re-employed by the respondent-Board despite their removal from service. The Lahore High Court, by judgment dated 18-2-2000 dismissed with costs the writ petition of the petitioner. Intra-Court Appeal No.166 of 2000 of the petitioner was also dismissed by the learned Division Bench of the Lahore High Court, by impugned judgment, dated 29-3-2000.
3. The petitioner submitted that his co-accused had been re-employed by the respondent-Board whereas he continued to have a stigma of removal from service. He further stated that he was not afforded any opportunity of hearing by the departmental authorities before the disposal of his departmental appeal. He relied on the case of Khondkar Ali Afzal v. Pakistan and another PLD 1959 (W.P.) Kar. 105 in support of his submissions.
4. We have heard the petitioner at length. We find that the matter of removal from service of the petitioner has already attained finality on account of dismissal of his C.P.S.L.A. No.809 of 1979 by this Court. The petitioner was precluded, by the principle of res judicata, from re-agitating the same matter by filing a writ petition only because some other officials of the Board had been re-employed. The learned Single Judge has observed that the petitioner was heard during the course of his departmental appeal. Reliance by the petitioner on the judgment of the erstwhile High Court of West Pakistan in the case of Khondkar Ali Afzal (supra) was in apt as the same had been set aside and reversed by this Court in appeal titled Pakistan through Secretary, National Assembly v. Khondkar Ali Afzal and another PLD 1960 SC
1. No exception can be taken to the impugned judgment of the Lahore High Court, Lahore. We are not persuaded to interfere with the impugned judgment.
5. For the foregoing reasons, we do not find any merit in this petition and the same is dismissed accordingly. S.A.K./R-92/SC????????????????????????????????????????????????????????????????????????????????? Petition dismissed.