Law: Specific Relief Act, 1877

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: Rr.1,2

Specific Relief Act, 1877 (I of 1877)-- ----S. 42--Civil Procedure Code, (V of 1908) O. XXXIX, Rr. 1 & 2--Suit for declaration and permanent injunction--Appointment as M.D. APL--Issuance of explanation letter under suspension--Inquiry was conducted and also matter was referred to FIA--Recommendation of inquiry officer--Disciplinary proceedings were stopped and plaintiff was restored--Lodging of FIR by FIA--Acquittal by special Court--Inquiry was reopened--Issuance of explanation letter regarding embezzlement of company funds--Inquiry committee--Prerogative to management--Challenge to--It is not case here at moment that plaintiff has challenged his dismissal based on inquiry so this Court may undertake an exercise of evaluating inquiry report but approached this Court prematurely without any order of dismissal or termination--In case services of plaintiff are dismissed, he may off course challenge dismissal letter if he considers it wrongful dismissal and under relationship of Master and Servant he can claim damages and compensation--It is well settled exposition of law that management/ employer has an unbridled right and prerogative to issue show-cause notice explanation letter if any employee is found to have committed any misconduct or dereliction of duty and then conduct a fair and impartial inquiry for taking administrative and / organizational action--It is legally recognized right of management to consider inquiry report and decide fate of delinquent--Interference with an employer's fair in conduct of its business is discouraged unless it is manifestly against statutory requirements or due process of law/fair trial--Plaintiff asks for injunction must satisfy Court that his own acts and dealings in matter have been fair, honest and free from any taint or illegality and that if in dealing with person against whom he seeks relief, he has acted in an unfair or inequitable manner he cannot have this relief--Application was dismissed. 2016 PLC (CS) 426 and 1985 PLC (CS) 1108 ref. THIS ORDER PASSED BY: MUHAMMAD ALI MAZHAR, JUSTICE---.--- This suit for declaration and permanent injunction has been brought to challenge the suspension and inquiry letter dated…

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