Case Details

Citation(s)
2024 SLG 4250 2024 PLJ 165 , 2024 SLD 4250
Federal Service Tribunal, Islamabad (Karachi Bench)
Crl. P.L.A. No. 80-P of 2024, decided on 29.5.2024.
Present: Syed Mansoor Ali Shah, Muhammad Ali Mazhar and Athar Minallah, JJ.
Mr. Waseem-ud-Din Khattak, ASC for Appellants (in C.A. No. 1471 of 2013). Mr. Rashdeen Nawaz Qasoori, Addl. AGP for Appellants (in C.A. No. 53 of 2014). Mr. Abdul Razzaq Raja, ASC for Appellants (in C.A. No. 187 & 188 of 2018). Hafiz Hafiz-ur-Rehman, ASC for Appellants (in C.As. No. 189 & 190 & 2018). Mr. Muhammad Akram Shaikh, Sr. ASC for Appellants (in C.A. No. 191 of 2018). Mr. Farooq Malik, ASC for Applicant (in C.M.A. No. 5008 of 2014). Mr. Rashdeen Nawaz Qasoori, Addl. AGP and Mr. Haroon Rasheed, Dy. Dir. FPSC for Federation: For FPSC. Mr. Aftab Alam Yasir, ASC for
Respondent No. 1 (in C.As. No. 187 & 189 of 2018). Dr. Khalid Ranjha, Sr. ASC for
Respondents No. 1-2 (in CAs No. 188, 190 & 191 2018). Mr. Abdul Razzaq Raja, ASC for
Respondents No. 5-9 (in CA 189 of 2018 and for
Respondents 7-10 in CA 190 of 2018 and for
Respondent No. 5 in CA 191 of 2018).

AKISTAN ENGINEERING COUNCIL through Chairman and others--Appellants

VERSUS

MUHAMMAD SADIQ & others--Respondents

Law: Criminal Procedure Code, 1898 (V of 1898)--

Section: 302, 324, 427, 201 & 34

Punjab Cooperative Bank Limited Staff Service Rules, 2010-- ----Rr. 2, 40--Constitution of Pakistan, 1973, Art. 199--Writ jurisdiction--Non statutory rules--Departmental appeals--Writ petition was allowed--Due to non-statutory rules of service, constitution petition under Article 199 of Constitution does not lie in High Court--According to Rule 40 of non-statutory Staff Service Rules, 2010, of Bank, a right of Appeal and Review has been conferred to employees if they consider that any order passed by any superior authority injuriously affects their interest--By virtue of that provision in Rules, employees could file appeal to such authority as Board of Directors may from time to time prescribe and if any order is passed by Board of Directors, employee may submit a review petition to Board of Directors--On account of no expeditious remedy or forum to challenge adverse actions, such employees had to file civil suits and wait for a number of years for their decision, but if they are allowed a fast-track remedy under some legislation ensuring that some lawful justification for termination of contracts of employment is provided--With formation of special Courts or tribunals, then their cases would also be decided on a speedy pace, just as cases of civil servants and workman/workers are decided by Service Tribunal, NIRC, and labour Courts within lesser time than time normally consumed in civil Courts--Appeals disposed of. [Pp. 643, 644 & 650] A, D, G & I PLD 2010 SC 676, 2013 SCMR 1383, 2013 SCMR 1707 & 2014 SCMR 982 ref. Constitution of Pakistan, 1973-- ----Art. 199--Decision of Supreme Court--Any decision of Supreme Court shall, to extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other Courts in Pakistan. [P. 643] B PLD 2010 SC 483 ref. Words & Phrases-- ----Doctrine of stare decisis--The doctrine of Stare Decisis, which is a Latin term, connotes “let decision stand” or “to stand by things decided”--Similarly, Latin maxim Stare decisis et non quieta movere means “to stand by things decided and not to disturb settled points”. [P. 644] C PLD 1987 SC 145 ref. Constitution of Pakistan, 1973-- ----Art.…
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