| Citation(s) |
|---|
| 2009 SLG 2256 2009 SLD 2256 2009 PLD 61 |
Islamabad High Court
Writ Petition No. 950 of 2008, heard on 10th February, 2009, heard on: 10th February, 2009.
SARDAR MUHAMMAD ASLAM, CHIEF, JUSTICE
Ajmal Raza Bhatti for Petitioner. Raja M. Aleem Khan Abbasi, Standing Counsel for
Respondents Nos. 1 and 2. Naseer Anjum Awan for
Respondent No.3.
Writ Petition No. 950 of 2008, heard on 10th February, 2009, heard on: 10th February, 2009.
SARDAR MUHAMMAD ASLAM, CHIEF, JUSTICE
Ajmal Raza Bhatti for Petitioner. Raja M. Aleem Khan Abbasi, Standing Counsel for
Respondents Nos. 1 and 2. Naseer Anjum Awan for
Respondent No.3.
ALI ARSHAD
VS
FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF INTERIOR, ISLAMABAD AND 6 others.--RespondentS
Law:
Section:
Exit from Pakistan (Control) Ordinance (XLVI of 1981)---.--- ---.----S. 2---.---Constitution of Pakistan (1973), Art.199---.---Constitutional petition---.---Name of petitioner was placed on Exit Control List on the pretext that he had violated the rules and regulations of the department where he served for about seven months on contract---.---Petitioner was an employee of Federal Government on contract, liable to termination on one month's notice or payment of one month basic pay, in lieu thereof, on any side without assigning any reason---.---Petitioner was going abroad for higher education and department had accepted his resignation subject to payment of one month basic pay in lieu of notice---.---Relieving order of petitioner was issued upon acceptance of his resignation---.---Petitioner was not involved in any noticeable activity and the project on which he was working had not suffered on account of his resignation---.---Only reason for placing the name of petitioner on Exit Control List was his seven months, service on a sensitive project-Validity-Held, department had to devise a policy clearly putting an employee on contract at notice. that on termination of the contract by efflux of time or by resignation, he would be debarred from proceeding abroad for a particular period of time---.---In the absence of such a clause in the contract, a person could not be prevented from pursuit of higher education abroad---.---No material was available on record against the petitioner of his involvement in any manner affecting the State or prejudicial to the interest of the country---.---High court, allowed, the constitutional petition and order placing the name of petitioner on Exit Control List was set aside. THIS JUDGMENT DELIVERED BY: SARDAR MUHAMMAD ASLAM, CHIEF JUSTICE---.--- Through instant writ petition, petitioner has called into question the legality of impugned order dated 7-7-2008, whereby the name of the petitioner has been placed on Exit Control List, as per section 2 of Exit from Pakistan (Control) Ordinance, 1981 by respondent No.2, on the pretext that he violated the rules and regulation of respondent No.3's department. 2. Petitioner was employed with…
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