Case Details

Citation(s)
1986 SLG 2260 1986 SLD 2260 1986 PLC 722
Sindh High Court
Constitutional Petition No. D-14 of 1984, decided on 27th February, 1986.
HAIDER ALI PIRZADA AND ABDUL QADEER CHAUDHRY, JJ

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AHMAD FAROOQI

VS

GOVERNMENT OF PAKISTAN and another

Law:

Section:

(a) Provisional Constitution Order (1 of 1981)----- ---Art. 9--Karachi Port Trust Officers and Servants (Efficiency and Discipline) Rules, Rr. 2 a 6-A--Corporation Employees (Special Powers) Ordinance (XIII of 1978), S.5--Constitutional jurisdiction--Alternate remedy--Where inferior Tribunal had acted without jurisdiction or order was made in violation of principles of natural justice, aggrieved party, held, could approach High Court for issuance of an appropriate writ Tough a concurrent remedy was also available under law. (b) Provisional Constitution Order (1 of 1981)---- ---Art. 9--Karachi Port Trust Officers and Servants (Efficiency and Disciplinary) Rules, R.6-A--Corporation Employees Officers and Servants (Special Powers) Ordinance (XIII of 1978), S.5--Petitioner in employment of Karachi Port Trust compulsorily retired from service as a disciplinary measure--Record showing that charge-sheet and statement of allegations were vague--Petitioner, although having remedy by way of appeal under Ordinance XIII of 1978, but case had proceeded in High Court and final arguments in case also concluded--Availing of alternate remedy by petitioner, in circumstances, held, would be too late to be resorted to. (c) Karachi Port Trust Officers and Servants (Efficiency and Discipline) Rules------- ---R. 6-A--Compulsory retirement--Charges against petitioner very bare and not capable of being intelligently understood and not sufficiently definite to furnish material to petitioner to defend himself--Entire proceedings showing a complete disregard of sub-rule (1) of rule 6-A-­Petitioner denied proper and reasonable opportunity of defending himself by reasons of charges being altogether vague and indefinite and statement of allegations containing material facts and particulars not having been supplied to petitioner--Order of compulsory retirement of petitioner set aside and petitioner re-instated in service. (d) Karachi Port Trust Officers and Servants (Efficiency and Discipline) Rules-- R. 6-A--Statement of allegations--Whole object of furnishing statement of allegations, held, was to give all necessary particulars and details which would sat= requirement of giving a reasonable…
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