AZIZUR REHMAN Versus FATA DEVELOPMENT CORPORATION

ORDER

ALI HUSSAIN QAZILBASH, J.‑‑ This is a petition for leave to appeal from the judgment of the Peshawar High Court, dated 22‑9‑1987.

2. The petitioner's services were terminated on 14‑1‑1981. He filed an appeal but before any action could be taken oh his appeal, he moved the High Court through a constitutional petition on 18‑2‑1981. which was ultimately dismissed on 22‑9‑1987.

3. The learned Judges have dismissed the writ petition mainly on, the ground that the petitioner did not pursue the appeal as was required of him and thus, declined to exercise their discretion in his

4. The learned counsel for the petitioner has been heard. We do not find any merit in this case. We must say that this case has not been properly handled. Since an adequate remedy was available to the petitioner, he could not have approached the High Court in its constitutional jurisdiction without exhausting the said remedy. Further, his appeal was decided on 27‑5‑1981, the result of which came to his knowledge subsequently but positively before the hearing of the writ petition; yet no effort was made by him to get his writ petition amended thereby challenging the decision of the appellate Authority.

5. Thus finding no force in this petition, the same is dismissed.

M. Y . H . /A‑316/S Petition dismissed.