Case Details

Citation(s)
2014 SLG 2098 2014 SLD 2098 2014 SCMR 982 2014 PLC 961
Supreme Court of Pakistan
C.R.P. No.163 of 2005 in Civil Appeal No.1080 of 1998, decision dated: 11-02-2014 (To review this Courts judgment dated 1-6-2005 passed in Civil Appeal No.1080 of 1998)
TASSADUQ HUSSAIN, JILLANI, CJ, KHILJI ARIF HUSSAIN AND SH. AZMAT SAEED, JJ

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Syed NAZIR GILLANI

VS

PAKISTAN RED CRESCENT SOCIETY and another

Law:

Section:

Pakistan Red Crescent Society Act ( XV of 1920)-------S. 5---Constitution of Pakistan, Arts. 199 & 188---Service Rules framed by Pakistan Red Crescent Society---Non-statutory in nature---Constitutional petition filed before High Court by an employee of Pakistan Red Crescent Society challenging his removal from service---Maintainability---(Service) Rules framed by Pakistan Red Crescent Society were non-statutory and on such count constitutional petition filed by its employee before the High Court challenging his removal from service would not be maintainable---Review petition was dismissed accordingly. Pakistan Defence Officer's Housing Authority v. Lt. Col. Syed Jawaid Ahmed 2013 SCMR 1707 ref. Muhammad Akram Sheikh, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Muhammad Bilal, Senior Advocate Supreme Court and Babar Bilal, Advocate Supreme Court along with Aftab Ali, Assistant Director for Respondents. Date of hearing: 11th February, 2014. ORDER TASSADUQ HUSSAIN JILLANI, C.J.---Seeks review of this Court's judgment dated 1-6-2005 vide which Civil Appeal No.1080 of 1998 filed by the Pakistan Red Crescent Society was allowed and the judgment of the learned Lahore High Court dated 19-3-1997 was set aside inter alia on the ground that the Constitution petition filed by the respondent under Article 199 of the Constitution challenging his removal from service was not maintainable as he was governed by non-statutory rules. 2. Learned counsel for the review petitioner submits that the judgment under review cannot be sustained because it is violative of the law laid down by this Court in Pakistan Defence Officer's Housing Authority v. Lt. Col Syed Jawaid Ahmed (2013 SCMR 1707) and he in particular referred to para 50(i) & (iv) to contend that if an organization violates its own rules, the writ would be competent. He further added that the service rules framed by the Pakistan Red Crescent Society…
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