Law:

Section:

(a) Constitution of Pakistan (1962), Art. 98(2)--"Person "­East Pakistan Industrial Development Corporation is covered by term "person" as used in Art. 98(2).Held, that E. P. I. D. C. is `a person' within the meaning of clause (2) of Article 98, Constitution of Pakistan (1962).The University of Dacca and another v. Zakir Ahmad P L D 1965 S C 90 rel. (b) Constitution of Pakistan (1962), Art. 98(2)(a)(ii) read with Art. 177(1)(a)-Employee of statutory Corporation, viz., East Pakistan Industrial Development Corporation, seeking redress against dismissal-Writ not a proper remedy. Held, that the safeguards provided for public servants under the Constitution could not be availed of as of legal right by an employee of a statutory Corporation as the East Pakistan Industrial Development Corporation. A writ is not a proper remedy in the case of an employee of such a Corporation seeking redress against his dismissal. The Lahore Central Co-operative Bank Limited v. Pir Saifullah Shah P L D 1959 S C (Pak.) 210 rel. (c) Constitution of Pakistan (1962), Art. 98(2)(a)(ii)-Master and servant-Master entitled as of right to terminate without notice service of servant found guilty of misconduct-Servant found so guilty by Enquiry Committee and dismissed-Discretion tc issue writ under Art, 98 not to be exercised in such a case. The High Court, under Art. 98(2)(a)(ii) had issued a writ declaring that the dismissal of an employee of the East Pakistan Industrial Development Corporation by the Secretary thereof, was without lawful authority and of no legal effect Held, that the report of the Enquiry Committee was amply sufficient to establish that the employee had been guilty of misconduct in the discharge of his duty. The High Court should, therefore, have taken notice of this fact in considering whether in exercise of the discretion they should have issued a writ in this case. As pointed out in the case of The Lahore Co-operative Bank Limited. "By the ordinary law of master and servant, when a servant is guilty of misconduct, the master is entitled as of right to terminate his service without notice." Hence there can be no doubt that under the general law of master and servant, the…

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