| Citation(s) |
|---|
| 2015 SLG 3114 2015 SLD 3114 2015 PLC 1396 |
Supreme Court of Pakistan
Civil Petition No. 257 of 2015, decided on 22nd April, 2015. (On appeal from order dated 23-12-2004 passed by the High Court of Sindh, Karachi, in C.P. D-2145 of 2014)
NASIR-UL-MULK, C.J. AND AMIR HANI MUSLIM, J
S. A. Mehmood Khan Saddozai, Advocate Supreme Court, Ms. Robina Mehmood Khan Saddozai, Advocate Supreme Court and Ch. Akhter Ali, Advocate-on-Record for Petitioners. Bhajandas Tejwani, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Reco
Civil Petition No. 257 of 2015, decided on 22nd April, 2015. (On appeal from order dated 23-12-2004 passed by the High Court of Sindh, Karachi, in C.P. D-2145 of 2014)
NASIR-UL-MULK, C.J. AND AMIR HANI MUSLIM, J
S. A. Mehmood Khan Saddozai, Advocate Supreme Court, Ms. Robina Mehmood Khan Saddozai, Advocate Supreme Court and Ch. Akhter Ali, Advocate-on-Record for Petitioners. Bhajandas Tejwani, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Reco
The DIRECTOR-GENERAL, NATIONAL COMMISSION FOR HUMAN DEVELOPMENT and another
VS
AMBREEN ANSARI and another
Law:
Section:
National Commission for Human Development Ordinance (XXIX of 2002)--- ----S. 22---National Commission For Human Development Employees' Service Rules, 2006, R. 12.02---Constitution of Pakistan, Arts. 185(3) & 199---Termination of service---Procedural requirements, non-fulfilling of--- Constitutional petition before High Court---Maintainability---Termination of respondent was set aside by High Court in exercise of constitutional jurisdiction---Validity---Order terminating services of respondent was in complete disregard of procedural requirements as provided in R. 12.02 of National Commission For Human Development Employees' Service Rules, 2006, and violative of principles of natural justice---Supreme Court declined to interfere in passed by High Court in exercise of constitutional jurisdiction---Petition was dismissed. Pakistan Defence Officer's Housing Authority v. Lt. Col. Jawaid Ahmed 2013 SCMR 1707 fol. JUDGMENT AMIR HANI MUSLIM, J.---This Petition for leave to Appeal is directed against the order dated 23-12-2014, passed by the High Court of Sindh, Karachi, whereby the Constitutional Petition filed by the respondent No.1 was allowed. 2. The facts for adjudication of the Petition are that on 21-1-2010, the respondent No.1 was appointed as District General Manager on probation for a period of three months in National Commission for Human Development (NCHD), after fulfilling the codal formalities. The respondent No.1 was posted at Khairpur and after evaluation of her services being satisfactory, she was confirmed in the service of the petitioner w.e.f. 30-3-2010. During her service with the NCHD, the respondent No.1 received an offer from the Benazir Income Support Programme (BISP) for her posting as Divisional Director on deputation basis for three years on standard terms and conditions. The NCHD issued No Objection Certificate dated 20-10-2011 for her posting with the BISP on deputation. 3. The respondent No. 1 was relieved from her duties w.e.f. 27-8-2012, to join the Benazir Income Support Programme on deputation basis. The BISP issued Notification dated 15-9-2012 for posting of the respondent No.1 in her own pay and scale on deputation basis. However,…
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