Case Details

Citation(s)
2019 SLG 107 2019 SLD 107 2019 PLJ 14
Islamabad High Court
W.P. No. 3275 of 2013, decision Dated: 21.03.2014. Dates of hearing: 17.1.2014, 21.1.2014, 24.1.2014, 11.2.2014, 12.2.2014, 18.2.2014, 19.2.2014, 25.2.2014 & 11.03.2014.
NOOR-UL-HAQ N. QURESHI, JUSTICE
Petitioner(s) by: Mr. Anwar Kamal and Muhammad Umar Khan Verdag, Advocates
Respondent(s) by: Hafiz S.A. Rehman & Mr. Muhammad Anwar Mughal, Advocates. Mr. Sana Ullah Zahid, DAG. Hafiz Irfat Ahmed and Kashifa Niaz, Advocates. Dr. Parvez Hassan, Sardar Sha

ASAD I.A. KHAN

VS

FEDERATION OF PAKISTAN THROUGH SECRETARY E.D. AND 5 OTHERS

Law: Companies Ordinance, 1984

Section: 198,199(3)

Law: Constitution of Pakistan, 1973

Section: 199

Companies Ordinance, 1984 (XLVIII of 1984)-- ----Ss. 198 & 199(3)--Constitution of Pakistan, 1973, Art. 199--Constitutional Petition--Issuance of notification--Additional charge as M.D.--Appointment as M.D. for three years--Extension for one year--Removal from post of M.D.--Appointment of junior officer--Summary for extension till superannuation to Prime Minister--Rejection of petitioners eligibility as M.d. by Board of Directors--Challenge to--Appointment of Management director shall not be for a period exceeding three years from date of appointment till expiry of such term under sections 198 or sub-section (1)--Eligibility for re-appointment does not contain any term--Assuming for arguments if it is believed that period extended for one year is considered to be his reappointment for such eligibility, It does not provide any specific period--petitioner never agitated his extension for one year which has already been completed on 5.4.2013, but till appointment of new Managing Director, petitioner was allowed to continue--The proposition of law as manifests by Sections 198 and 199 of Companies Ordinance, 1984 have also been taken into consideration and observed by Board that continuation of petitioner as Managing Director is not advisable--However, he was adjusted in some subsidiary organization to complete his service till age of superannuation--I feel that petitioner has failed to establish his claim on basis of allegations made in petition--Counsel for petitioner has raised a plea that salary of petitioner is not being released, for which a direction be issued--Due to pending litigation it could not be ascertained finally for proper place of petitioner, therefore, department shall not stop payment of salary, which shall be released as early as t possible, if not paid earlier as petitioner on reaching superannuation is going to retire on 03.4.2014--Petition was dismissed. THIS JUDGMENT DELIVERED BY: NOOR-UL-HAQ N. QURESHI, J.- Through the instant constitutional petition filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioner has made the following prayers: "Whereof, it is most respectfully prayed that this…
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