IN THE SUPREME COURT OF PAKISTAN

(Appellate Jurisdiction)

Cr.Org.Petition . No.

of 2012

In C.A. No. 241 of 2011 Nasiruddin Ghori --------------------------------------Appellant/Applicant VERSUS 1 Mr.Farooq Ahmed Awan son of Not Known Acting Secretary (IT & Telecom), Federation of Pakistan, 4th Floor Evacuee Trust Complex, Agha Khan Road, F-5/1, Islamabad. 2 Mr.Walid Irshaid son of Not Known President and Chief Executive Officer, PTCL, Headquarters, G-8/4, Islamabad. 3 Mr.Syed Mazhar Hussain son of Not Known Senior Executive Vice-President, (HR & ADMIN), PTCL Headquarters,G-8/4, Islamabad. 4 Mr.Farooq H Malik son of Not Known General Manager (HRA), Ex-Chief Engineer (RRR), PTCL, Headquarters, G-8/4, Islamabad. 5 Mr.Syed Muhammad Muslim son of Not Known G. M. (PTCL), Network Ops Switching South Karachi Pak Capital Telephone Exchange, University Road, Karachi. ---------------------- RESPONDENTS/CONTEMNERS

PETITION OF CONTEMPT OF COURT UNDER ORDER XXVII RULE V OF THE SUPREME COURT RULES 1980, READ WITH ARTICLE 204 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973 AND OTHER ENABLING PROVISIONS IN THIS BEHALF Respectfully Sheweth: Following submission are hereby laid down for your kind consideration in the interest of Justice. 1. That this apex court has passed the judgment on 7 th October, 2011 in C.A-239-241/2011 in favour of the appellant (this applicant) with clear cut directive to respondent to implement

the required relief within 30 days w.e.f Judgment i.e. 7th October, 2011.

passing of the

Please see copy of Supreme Court of Pakistan Judgment dated 07-10-2011. ANNEXURE-"A".

2. That

with

reference

to

Supreme

Court

of

Pakistan

judgment dated 7th October, 2011. On page 12 and 13 based on paras 23 and 24, selective operative parts of this Judgment are reproduced here in as We are not in any doubt that for the reasons discussed above, the appellant Nasir Uddin Ghori was entitled to implementation of the judgment of the Service Tribunal dated 28.5.2004. This appeal (CA 241/2011) is , therefore, allowed. The judgment of the High Court in Constitution Petition no. 827/2007 is set aside and the Respondent PTCL is directed to implement the aforesaid judgment of the Service Tribunal dated 28.5.2004 within thirty days from today.

3. That in connected with Supreme Court of Pakistan Judgment, the Judgment of Federal Services Tribunal dated 28-05-2004 is required to be implemented which is also reproduced here in as In view of the above facts the appeal is allowed and the Appellant will be deemed to have been promoted as ADE (B-17) with effect from the date of qualifying degree B-Tech (Hons). The seniority list of ADE should be corrected. Appellants subsequent promotion will be governed as per rules.

4. That it is evident from the service record that this appellant has qualified degree B-Tech. (Hons.) in February 1992. Hence the

admissibility / entitlement to promote as A.D.E. in (BPS-17) is due w.e.f. mentioned date and in this regard the Respondents are under obligation to implement the same. 5. That it is worth mentioning here that during pendency of above mentioned writ petition, junior most officials/officer to the applicant have been promoted in violation of Rules and codal formalities. 6.

7. That I am constrained to point out that Respondents have also adopted the same trend / practice of disobedience / noncompliance to the Honble Court as other government functionaries and departments / organization are doing. It looks that there is no fear of non-compliance, sense of responsibility, awareness of dignity of law & justice, concept of accountability in the organization of PTCL on the part of PTCL management. They crush the order of the superior court under their feet.

"The current example is non-compliance of this apex court Judgment dated 07-10-2011 in which 30 days bindings was given. But now a period of more than 117 days has passed and PTCL management & ministry I.T. failed to implement the said judgment deliberately till today".

P.T.C.L MANAGEMENT REVENGE FULL STEPS AND MY CIRCUMSTANCES

8. That the applicant met with an unfortunate serious road accident resulting in multiple fractures and serious injuries to him and was confined to bed from 15-02-2011 till the end of July 2011 and yet not fully recovered. Copies of accident photos and the Liaquat National Hospital certificate dated 1602-2011 attached as ANNEXURE-"B"&"C".

9. That the malafide conduct, behavior and reaction to the orders of this Honble Court is depicted through the above mentioned details and in ruthless vengeance transferring from Karachi to Business Zone North without posting against a backdated order issued on 11-04-2011 during the pendency of the departmental appeal on the subject denial of promotion through altering adversely statutory terms and conditions of my service by the company while this applicant was totally confined to bed after accident. Copy of transferred order is attached as

ANNEXURE-"D". 10.The Respondents have been responsible for creating

hindrances in promotion of this Applicant as well frequent transferring him to fulfill their malafides being one of the upright officer fighting against corruption and corrupt practices inside PTCL just in the interest of the Country. Teams, one headed by DAG and other very high level team headed by Mr. Fazle Bari Chief Inspector (Telecom) vide No. S&I: 1416/2003 dated 17-01-2003 of PTCL H/Qrs confirmed malafides of the management in the case of this Petitioner. Photocopy of Inquirys Finding Report on the complaint of Applicant dated 22-01-2003 is attached as ANNEXURE"E"

11.That in the above mentioned back ground the attitude of respondents with the applicant speaks volume.

10.In brief my circumstances and position is as under: (i) Persecuting unlawfully with malafide intentions have transferred to northern area even having not recovered trauma of life threatening accident and being on medical leave. The Case No. CP:D-3924/2011 in the High Court of Sindh Karachi pending with an application for stay of transfer etc.

(ii)

Deliberately stopped my monthly salary w.e.f. Nov, 2011 till today in violation of my fundamental right enshrined under the Constitution.

(iii) (iv)

Not implemented the said Judgment. Facing threat of dismissal from service.

PRAYER

In view of above humble submission, it is respectfully prayed that Respondents may kindly be summoned in person and be proceeded against as having committed willful /delibrate disobedience to the Constitution, law and contempt of this Honble Court and contemnor may very kindly be punished in the strictest manner accordingly. APPELLANT/ APPLICANT Karachi Dated: -02-2012 (Nasiruddin Ghori) IN PERSON

IN THE SUPREME COURT OF PAKISTAN

(Appellate Jurisdiction)

Cr.Org.Petition . No.

of 2012

In C.A. No. 241 of 2011 Nasiruddin Ghori --------------------------------------Appelant/Applicant VERSUS 1 Mr.Farooq Ahmed Awan son of Not Known Acting Secretary (IT & Telecom), Federation of Pakistan, 4th Floor Evacuee Trust Complex, Agha Khan Road, F-5/1, Islamabad. 2 Mr.Walid Irshaid son of Not Known President and Chief Executive Officer, PTCL, Headquarters, G-8/4, Islamabad. 3 Mr.Syed Mazhar Hussain son of Not Known Senior Executive Vice-President, (HR & ADMIN), PTCL Headquarters,G-8/4, Islamabad. 4 Mr.Farooq H Malik son of Not Known General Manager (HRA), Ex-Chief Engineer (RRR), PTCL, Headquarters, G-8/4, Islamabad. 5 Mr.Syed Muhammad Muslim son of Not Known G. M. (PTCL), Network Ops Switching South Karachi Pak Capital Telephone Exchange, University Road, Karachi. ---------------------- RESPONDENTS/CONTEMNERS

AFFIDAVIT OF FACT
I, NASIR UDDIN GHORI, S/o Shuja Uddin Ghori (Late), Muslim, adult bearing CNIC No. 42101-0798784-9, Resident of B-62 BLOCK 17, F.B.Area, Karachi do hereby state on oath as under:-

1.

That the facts contained in the accompanying application under order XXVII Rule V of the Supreme Court Rules 1980 are correct to the best of my knowledge and belief.

Sworn at ________ on this the _______ day of February, 2012.

(Nasiruddin Ghori) Appealant in person

IN THE SUPREME COURT OF PAKISTAN

(Appellate Jurisdiction)

Cr.Org.Petition . No.

of 2012

In C.A. No. 241 of 2011 Nasiruddin Ghori --------------------------------------Appelant/Applicant VERSUS 1 Mr.Farooq Ahmed Awan son of Not Known Acting Secretary (IT & Telecom), Federation of Pakistan, 4th Floor Evacuee Trust Complex, Agha Khan Road, F-5/1, Islamabad. 2 Mr.Walid Irshaid son of Not Known President and Chief Executive Officer, PTCL, Headquarters, G-8/4, Islamabad. 3 Mr.Syed Mazhar Hussain son of Not Known Senior Executive Vice-President, (HR & ADMIN), PTCL Headquarters,G-8/4, Islamabad. 4 Mr.Farooq H Malik son of Not Known General Manager (HRA), Ex-Chief Engineer (RRR), PTCL, Headquarters, G-8/4, Islamabad. 5 Mr.Syed Muhammad Muslim son of Not Known G. M. (PTCL), Network Ops Switching South Karachi Pak Capital Telephone Exchange, University Road, Karachi. ---------------------- RESPONDENTS/CONTEMNERS

AFFIDAVIT OF SERVICE
I, NASIR UDDIN GHORI, S/o Shuja Uddin Ghori (Late), Muslim, adult bearing CNIC No. 42101-0798784-9, Resident of B-62 BLOCK 17, F.B.Area, Karachi do hereby state on oath as under:-

1.

That I did serve the Respondents/Contemners with the notice under registered cover post intimation that the Appleant/Applicant intending to file Contempt Application under XXVII Rule V of the Supreme Court Rules 1980 .

Sworn at ________ on this the _______ day of February, 2012.

(Nasiruddin Ghori) Appealant in person

IN THE SUPREME COURT OF PAKISTAN

(Appellate Jurisdiction)

Cr.Org.Petition . No.

of 2012

In C.A. No. 241 of 2011 Nasiruddin Ghori --------------------------------------Appelant/Applicant VERSUS To, 1 Mr.Farooq Ahmed Awan son of Not Known Acting Secretary (IT & Telecom), Federation of Pakistan, 4th Floor Evacuee Trust Complex, Agha Khan Road, F-5/1, Islamabad. 2 Mr.Walid Irshaid son of Not Known President and Chief Executive Officer, PTCL, Headquarters, G-8/4, Islamabad. 3 Mr.Syed Mazhar Hussain son of Not Known Senior Executive Vice-President, (HR & ADMIN), PTCL Headquarters,G-8/4, Islamabad. 4 Mr.Farooq H Malik son of Not Known General Manager (HRA), Ex-Chief Engineer (RRR), PTCL, Headquarters, G-8/4, Islamabad. 5 Mr.Syed Muhammad Muslim son of Not Known G. M. (PTCL), Network Ops Switching South Karachi Pak Capital Telephone Exchange, University Road, Karachi. ---------------------- RESPONDENTS/CONTEMNERS

NOTICE
Sir, Please take notice that I have filed the Contempt Application and urgent hearing in the above numbered Cr.Org.Petition No-______________ 2012 in C.A 241 of 2011.

Dated:21/11/2011 And 01/02/2012 (Nasiruddin Ghori) Appealant in person