FAHIM KHAN AFRIDI vs FEDERATION OF PAKISTAN through Secretary Establishment Division, Islamabad art

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FAHIM KHAN AFRIDI VS FEDERATION OF PAKISTAN through Secretary Establishment Division, Islamabad art. 199---Civil service---Constitutional jurisdiction of High Court, invoking of---Interim relief sought---Material facts, concealing of---Effect---Principle of uberrima fides (utmost good faith)---Scope---Record revealed that the instant petition was filed on 06.02.2025 and was first presented before the Court on 07.02.2025, when notice was issued to the respondents/Department---Subsequently, on 11.02.2025, the petitioner's counsel filed an application for an early hearing, which was granted, and the matter was listed for hearing on 12.02.2025 and on that day an interim order was passed in favour of the petitioner and the impugned notification was suspended---astonishingly on 11-02-2025, neither the petitioner nor his counsel informed the Court about the petitioner having assumed his duties on 11.02.2025---Instead, the counsel vigorously argued for an interim order, which was ultimately granted on 12-02-2025, resulting in the suspension of the impugned notification ---Securing an interim order based on incorrect facts or improperly cited documents is a serious matter in the judicial system, as it undermines the integrity of the legal process and can lead to miscarriages of justice---When a party seeks interim relief, such as a stay order or injunction, they are under a legal obligation to present all relevant facts truthfully and accurately---In English law, when a party seeks interim relief, such as an injunction or stay order, the party is under a strict duty to fully disclose all material facts---Said duty is rooted in the principle of uberrima fides (utmost good faith), which requires parties to act honestly and transparently before the court---Given the extraordinary nature of the constitutional jurisdiction of High Court, it is imperative that a petitioner approaching this/High Court must do so with clean hands, presenting all relevant facts fully and transparently, without any concealment or suppression---Failure to make an honest and complete disclosure of all material facts may render the petitioner guilty of misleading the Court, warranting the dismissal of the petition---In the present case, it is a matter of fact and record that the petitioner had assumed his duties on 11.02.2025---a careful perusal of the joining report revealed no indication of any reluctance or displeasure on the part of the petitioner regarding his assumption of duties in the Establishment Division---Moreover, the joining report, prepared and submitted by the petitioner himself, conspicuously omitted any mention of the pendency of the instant petition before this (High) Court---Said lack of disclosure raised serious questions about the petitioner's candor and transparency, particularly in light of his simultaneous pursuit of interim relief from this(High) Court while actively performing his official duties---Such conduct underscored the petitioner's failure to fully and fairly disclose all material facts, which is a fundamental requirement when invoking the Court's extraordinary writ jurisdiction---Having acted upon the impugned notification of transfer by formally assuming his duties, the petitioner had effectively acquiesced to the terms and conditions outlined therein; by doing so, the petitioner had rendered the subject matter of the petition moot, leaving no live controversy for adjudication---Consequently, the petition merited no further consideration---Constitutional petition was dismissed.

FAHIM KHAN AFRIDI vs FEDERATION OF PAKISTAN through Secretary Establishment Division, Islamabad art — 2026 CLC 976 ISLAMABAD

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