Law:

Section:

(a) Marketing of Petroleum Products (Federal Control) Act (XVII of 1974)-------S. 5---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Demotion and subsequent termination of petitioner (employee) assailed in Constitutional petition---Competency---Petitioner employee of statutory corporation under the direct control of Federal Government---Such corporation being public company dealing with essential commodities in public sector was, performing functions in relation to affairs of Federation--­Where statutory body or person in public sector through improper exercise of jurisdiction or authority had committed irregularity in prescribed procedure or exercise of power in violation of principles of natural justice affecting injuriously, some justiciable right of a person, such action would be amenable to Constitutional jurisdiction of High Court under Art. 199 of the Constitution---Wrongful dismissal of employee by Authority in exercise of powers under general law of master and servant although was not questionable in Constitutional jurisdiction yet if service of employee of such corporation or public company was governed through same statute providing express or implied protection and creating some legal right, enforceability of such right through Constitutional jurisdiction was not barred. Sheikh Maqbool Elahi and others v. Khan Abdul Rehman Khan and others PLD 1960 SC (Pak.) 266; Tariq Transport Co. v. Sargodha-Bhera Bus Service PLD 1958 SC (Pak.) 437; Zainul Abidin v. Multan Central Cooperative Bank Limited, Multan PLD 1966 SC 445; The Chairman, East Pakistan Industrial Development Corporation, Dacca and another v. Rustam Ali and another PLD 1966 SC 848 and R.T.H. Janjua v. National Shipping Corporation PLD 1974 SC 146 ref. (b) Constitution of Pakistan (1973)-- ---- Arts. 29 199 --- Natural justice, principles of judicial review of administrative action --- Validity of action complained of, could not be as assailed on the touchstone of principles of policy as provided in Chap. 2, part11 of the Constitution --- Where, however, such action was against law and had been taken in violation of any right or excess of authority or breach 0f Principles…

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