| Citation(s) |
|---|
| 2022 SLG 1218 2022 SLD 1218 2022 PLC 590 |
Peshawar High Court, Abbottabad Bench
Writ Petition No.714-A of 2020, decision dated: 1st June, 2021.
MOHAMMAD IBRAHIM KHAN, JUSTICE SHAKEEL AHMAD, JUSTICE
Petitioner(s) by: Munir Ahmad Bhatti Muhammad Bilal Khan, Assistant Attorney General for the Federation. Yaseen Ayaz for
Respondents Nos.2 to 5 along with Muhammad Tofeeq, Legal Representative PESCO.
Writ Petition No.714-A of 2020, decision dated: 1st June, 2021.
MOHAMMAD IBRAHIM KHAN, JUSTICE SHAKEEL AHMAD, JUSTICE
Petitioner(s) by: Munir Ahmad Bhatti Muhammad Bilal Khan, Assistant Attorney General for the Federation. Yaseen Ayaz for
Respondents Nos.2 to 5 along with Muhammad Tofeeq, Legal Representative PESCO.
MUHAMMAD AWAIS RAZAQ, SDO OPERATION, ABBOTTABAD AND 4 OTHERS
VS
FEDERAL GOVERNMENT OF PAKISTAN THROUGH SECRETARY MINISTRY OF POWER, ISLAMABAD AND 4 OTHERS
Law:
Section:
Civil service--- ----Non-statutory rules of service---Maintainability---Scope---Petitioners during their service were suspended on account of poor photo billing accuracy amounting to misconduct---Petitioners were later on reinstated, show cause notices were withdrawn and the intervening period was treated as leave without pay---Petitioners filed departmental appeal for allowing suspension grant, however, the appeal was turned down---Petitioners were confronted with question as to whether the petitioners could invoke the constitutional jurisdiction of High Court for redressal of their grievances in absence of violation of law or any statutory rules, he stated that the Pakistan WAPDA Employees (Efficiency and Discipline) Rules, 1978, adopted by the respondent were statutory in nature---Validity---Adoption of the rules of Government or their application by reference did not lend a statutory cover or content to the rules---Employee of a corporation or company in the absence of violation of law or statutory rules could not press into service the constitutional jurisdiction for seeking relief relating to the terms and conditions of his service---Constitutional jurisdiction could not have been invoked by the petitioners---Constitutional petition being not maintainable was dismissed. Ch. Abdul Rashid v. Capital Development Authority, Islamabad and another PLD 1979 Lah. 803; The Principal, Cadet College, Kohat and another v. Muhammad Shoaib Qureshi PLD 1984 SC 170; Chairman Pakistan Council of Scientific and Industrial Research, Islamabad and 3 others v. Dr. Mrs. Khalida Razi (Civil Appeal No.2070 of 1993); Mrs. M. N. Arshad and others v. Miss Naeema Khan and others PLD 1990 SC 612; Messrs Malik and Haq and another v. Muhammad Shams ul Islam Chowdhury and 2 others PLD 1961 SC 531; Zain-ul-Abideen v. Multan Central Co-operative Bank Limited, Multan PLD 1966 SC 445; Abdul Salam Mehta v. Chairman, Water and Power Development Authority and another 1970 SCMR 40; Lt. Col. Shuja-ud-Din Ahmad v. Oil and Gas Development Corporation 1971 SCMR 566; The Principal Cadet College Kohat and another v. Muhammad Shoaib Qureshi PLD 1984 SC 170; Anwar Hussain v. Agricultural Development…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492