| Citation(s) |
|---|
| 2011 SLG 1787 2011 SLD 1787 2011 PLC 1007 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.574 of 2008, decision dated: 23rd February, 2009. (On appeal from the judgment, dated 11-3-2008 passed by the Peshawar High Court, Peshawar in Writ Petition No.238 of 2008).
ABDUL HAMEED DOGAR, C.J., CH. EJAZ YOUSAF AND MUHAMMAD FARRUKH MAHMUD, JJ
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Civil Petition for Leave to Appeal No.574 of 2008, decision dated: 23rd February, 2009. (On appeal from the judgment, dated 11-3-2008 passed by the Peshawar High Court, Peshawar in Writ Petition No.238 of 2008).
ABDUL HAMEED DOGAR, C.J., CH. EJAZ YOUSAF AND MUHAMMAD FARRUKH MAHMUD, JJ
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Brig. (R.) SAKHI MARJAN, CEO, PESCO, PESHAWAR
VS
MANAGING DIRECTOR PEPCO, LAHORE and others Brig. (R.) SAKHI MARJAN, CEO, PESCO, PESHAWAR vs MANAGING DIRECTOR PEPCO, LAHORE and others
Law:
Section:
Constitution of Pakistan-------Art. 185(3)---Contractual employment---Non-holding of inquiry---Termination of service---Remedy---Petitioner was employed in corporation on contract and he was terminated on the allegation of insubordination---Plea raised by petitioner was that no regular inquiry was held depriving him of opportunity of being heard---Validity---It was not necessary that inquiry must be held in each and every case as it depended upon circumstances of each case---Services of an employee could be terminated without holding regular inquiry for the reason that competent authority could dispense withholding of such inquiry especially when allegation levelled against employee was proved on the basis of documentary evidence---Employee of corporation, in absence of violation of law or any statutory rule, could not press into service the constitutional or civil jurisdiction for seeking relief of reinstatement in service---Such employee could only claim damages against his wrongful dismissal or termination---High Court had rightly declined to interfere in exercise of Constitutional jurisdiction for enforcement of contractual obligation---Leave to appeal was refused. The Secretary, Government of Punjab v. Riaz-ul-Haq 1997 SCMR 1552;Asim Rizwan v. Secretary Information and Broadcasting P.Tv.C. and others C.P.No.549 of 2008; 1998 SCMR 2268; 1999 SCMR 467; Messrs Ramna Pipe and General Mills (Pvt.) Ltd. v. Messrs Sui Northern Gas Pipe Lines (Pvt.) Ltd. 2004 SCMR 1274; Allied Bank Ltd. v. Syed Nasir Abbas Naqvi and others 2007 SCMR 1143 and Collector of Customs (Valuation) and another v. Karachi Bulk Storage and Terminal Ltd. 2007 SCMR 1357 ref. Muhammad Aslam v. Inspector-General of Police Punjab 2004 PLC (C.S.) 675; Mst. Samina Nazeer v. District Education Officer (W), Khanewal and others 2004 SCMR 290 and Pakistan Red Crescent Society and another v. Syed Nazir Gillani PLD 2005 SC 806 rel. Raja M. Ibrahim Satti, Senior Advocate Supreme Court and Arshad Ali Ch., Advocate-on-Record for Petitioner. Sh. Riazul Haque, Advocate Supreme Court for Respondents Nos.1, 2 and 5. Hafiz S.A. Rehman, Senior Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for…
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