| Citation(s) |
|---|
| 1995 SLG 202 1995 SLD 202 1995 SCMR 960 |
Supreme Court of Pakistan
Civil Petition No. 296 of 1994, decided on 12th December, 1994.
SAIDUZZAMAN SIDDIQUI AND MUKHTAR AHMED, JUNEJO, JJ
Raja Abdul Ghafoor, Advocate Supreme Court/Advocate on Record for Petitioner. Sardar Muhammad Aslam, Advocate Supreme Court with Imtiaz Muhammad Khan, Advocate on Record for
Respondents.
Civil Petition No. 296 of 1994, decided on 12th December, 1994.
SAIDUZZAMAN SIDDIQUI AND MUKHTAR AHMED, JUNEJO, JJ
Raja Abdul Ghafoor, Advocate Supreme Court/Advocate on Record for Petitioner. Sardar Muhammad Aslam, Advocate Supreme Court with Imtiaz Muhammad Khan, Advocate on Record for
Respondents.
INAYAT YAQOOB
VS
PAKISTAN ATOMIC ENERGY COMMISSION, ISLAMABAD and 2 others --Respondents
Law: Pakistan Atomic Energy Commission Ordinance, 1965
Section: 20
Law: Government Servants (Efficiency and Discipline) Rules, 1973
Section: 5
Law: Constitution of Pakistan, 1973
Section: 185(3)
Pakistan Atomic Energy Commission Ordinance (XXVII of 1965)... S. 20 Government Servants (Efficiency and Discipline) Rules, 1973, R.5 Constitution of Pakistan (1973), Art. 185(3) Employee of statutory body Termination of Service Services of employees of statutory body were governed under statutory rules High Court expressing doubt whether it had jurisdiction in the matter and further that regular inquiry in the matter having been conducted against employee, remedy under Constitutional jurisdiction was not available to him Validity Employee contending that services of employee being governed under statutory rules, Constitutional jurisdiction was available to challenge his termination if the same was not in accordance with provisions of Government Servants (Efficiency and Discipline) Rules„ 1973 ¬Enquiry conducted against employee prima facie, appeared to be not in accordance with Government Servants (Efficiency and Discipline) Rules, 1973 Leave to appeal was granted to consider contention raised by employee. ORDER SAIDUZZAMAN SIDDIQUI, J.The petitioner is seeking leave to appeal against the judgment of a learned Judge in Chambers of Lahore High Court, Multan Bench, dated 11 4 1994 passed in Writ Petition No. 1629 of 1994. The relevant facts of the case are that the services of the petitioner, who was serving as Sanitary Attendant with Pakistan Atomic Energy Commission, Multan, were terminated on 25 1 1993 as a result of departmental enquiry conducted against him. The petitioner challenged his termination before the Lahore High Court, Multan Bench, which was dismissed by the impugned judgment. The learned Judge in Chambers while dismissing the petitioner expressed doubt whether firstly the remedy under Article 199 of the Constitution 1973 was at all available to the petitioner in the circumstances of the case. It was also found by the learned Judge that a regular enquiry was conducted against the petitioner before terminating his services and there was absolutely no infirmity in the…
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