Law:

Section:

(a) Pakistan Atomic Energy Commission Ordinance (XXVII of 1965)-- ---S. 3(2)---Constitution of Pakistan (1973), Arts. 97 & 199---Employee of Atomic Energy Commission--Removal from service---Atomic Energy Commission functions being eo-related to various affairs of State, same would be deemed to be a person performing functions in connection with the affairs of Federation within the contemplation of Art. 199 of the Constitution---Remedy by Constitutional jurisdiction, is competent---Relationship between Atomic Energy Commission and its employee is not governed by the principle of Master and Servant but by the provisions of Government Servants (Efficiency and Discipline) Rules, 1973. The Pakistan Atomic Energy Commission has been created under the Pakistan Atomic Energy Commission Ordinance, 1965 (Ordinance No. XXVII of 1965). Section 3(2) of this Ordinance provides that the Commission shall be a body corporate by the name of the Pakistan Atomic Energy Commission having perpetual succession and a common seal with powers, subject to the provisions of Ordinance, to acquire and hold property, both movable and irremovable and shall by the said name sue and be sued. From this provision it is manifestly clear and no doubt can be entertained that the commission has been constituted as a legal/juristic person having a regular name, common seal and capable of suing or being sued in its own name. It is thus a `body corporate' and an artificial person established for preserving in perpetual succession certain rights. The next question is as to whether the Commission is a person within the contemplation of clause (v) of Article 199 of the Constitution performing functions in connection with the affairs of the federation within the meaning of sub-clauses (i) and (ii) of clause (a) of Sub-Article (1) thereof and from that point of view this Court could give declaration about its order or proceedings or issue any kind of directions to it. In order to determine this reference to the relevant provisions of the Constitution shall have to be made. Under Article 97 of the Constitution the Executive Authority of the Federation extends in the matters with respect to which…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492