Case Details

Citation(s)
2020 SLG 322 2020 SLD 322 2020 PLC 1
Sindh High Court
Constitution Petition No. D-571 of 2016, decision Dated: 28-03-2018. Hearing Dated: 12-03-2018.
SYED HASSAN AZHAR RIZVI, JUSTICE ADNAN-UL-KARIM MEMON, JUSTICE
Petitioner(s) by: Muhammad Nishat Warsi

MUHAMMAD MATEEN KHAN

VS

FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF INTERIOR ISLAMABAD AND 3 OTHERS

Law: National Database and Registration Authority Employees (Service) Regulations

Section: 11(5)

Law: General Clauses Act, 1897

Section: 24A

Law: Government Servants (Efficiency and Discipline) Rules, 1973

Section: R.5,6

Law: Constitution of Pakistan, 1973

Section: 9,10A,14,18,25,199

(a) National Database and Registration Authority Employees (Service) Regulations--- ----Regln.11(5)---Non-statutory rules of service---Effect---Contract employee of National Database and Registration Authority---Appointment on the basis of fake documents---Termination from service---Scope---Contention of employee was that he was removed from service without holding proper inquiry into the allegations against him---Validity---Documents produced by the employee for his appointment were found fake---No appointment could be obtained on the basis of fake documents---Appointment of employee was of contractual nature which could be terminated on the expiry of contract period or any extended period on the choice of employer or appointing authority---Case of employee was governed by the principle of 'master and servant'---Petitioner did not have any vested right to seek reinstatement in service---Contract employee could not claim any vested right even for regularization of service---Employee was issued show cause notice which was replied by him---Petitioner was provided opportunity to rebut the allegation but he failed to do so---Service of contract employee could be terminated on 14 day's notice or pay in lieu thereof---Authority had no ostensible reason to put false allegation of submission of forged documents against the petitioner---Employee had failed to establish that he had any fundamental or vested right to remain on contractual post---Where conditions of service of employees of a statutory body were not regulated by rules/regulations framed under the Statue then any violation thereof could not be enforced through writ jurisdiction of High Court---Constitutional petition was dismissed being not maintainable, in circumstances. Muhammad Rafi and others v. Federation of Pakistan and others 2016 SCMR 2146; Deputy District Officer (Revenue) Kasur and others v. Muhammad Muneer Sajid 2013 SCMR 279; Province of Punjab and others v. Raja Muhammad Saleem and others 2006 SCMR 740; Supreme Court (AJ&K) Ahsan Ur Rehman and 10 others v. Arshad Ali Khan and 5 others 2012 PLC (C.S.) 795; Raees-ud-Din v. Naseer Anwar and others 2011 SCMR 98; Noor Muhammad Lambardar v. Member…
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