6193/2016 Const. P. Syed Musawar Shah (Petitioner) V/S M.D CSD and Ors (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 30-JAN-25
First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 of the Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No. 2137 of 1992 before this court which was misplaced by the office of this court and an inquiry was conducted by the office, however, the fate of the inquiry could not be brought on record. In the meanwhile he was acquitted of the charges by the trial court vide judgment dated 15.08.2014 as he was accused of criminal breach of trust w.e.f. 31.03.1990 to 29.05.1990 and on similar charges, he was dismissed from the service finally the respondents were bothered to decide the departmental appeal in the year 2016, and then he approached this court immediately, therefore the question of laches did not arise.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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