Law: Constitution of Pakistan, 1962

Section: 199

Constitution of Pakistan--- ---Art. 199---Constitutional jurisdiction of High Court---Scope---Non-statutory rules---Scope---Petitioner an employee of State Bank of Pakistan assailed imposition of major penalty of compulsory retirement from service under State Bank of Pakistan Staff Regulations, 2005---Validity---Test as to whether Regulations were statutory or otherwise was not solely that framing of Regulations required the approval of the Federal Government, rather it was the nature and efficacy of such Regulations and it had to be seen whether the Regulations in question dealt with instructions for internal control or management, or they were broader than and complementary to the parent statute---High Court could not entertain such grievance of the petitioner under Art. 199 of the Constitution---Constitutional petition was dismissed. Shafique Ahmed Khan and others v. NESCOM through Chairman Islamabad and others PLD 2016 SC 377 and Muhammad Zaman and others v. Government of Pakistan through Secretary, Finance Division (Regulation Wing), Islamabad (un-reported Judgment dated 21.02.2017) in Civil Appeal No. 1313 of 2017 foll. THIS JUDGMENT DELIVERED BY: ADNAN-UL-KARIM MEMON, JUSTICE:---.---- The Petitioner seeks following relief(s) in the above captioned Constitutional Petition as under:- a) To declare that impugned office order No. HRD-98 dated 24.05.2016 vide E DT No HRD(SC-2) F-26/2063/2016 passed by the respondents are illegal, void ab- initio and of no legal effects as such the same may be set aside. b) To direct the respondents to restore the petitioner on the same position as was working prior to the issuance of Office Order No. HRD-98 dated 24.05.2016 along with financial benefits as to pay and allowances. 2. Brief facts of the above referred petition are that the Petitioner joined as an officer Grade-II in State Bank of Pakistan vide letter dated 17.04.2002 subsequently he assumed the position of Assistant Director, Deputy Director, Joint Director and lastly he was performing the duties as Senior Joint Director in the Respondent Bank. Petitioner has submitted that during the tenure of 14 years of his service with the Respondent Bank no adverse report…

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