Law: Constitution of Pakistan, 1973

Section: 199

 (i) Constitution of Pakistan. 193- —Art, 199—Employee of newspaper—Dismissal from service of—Challenge to— Whether writ petition is no: maintainable-Question of-Contention that respondent No.l being a private limited company and not performing functions in connection with affairs of Federation, is not amenable to writ jursidiction--All shares of respondent No.l vest in National Press Trust which in terms is controlled by Federal Government under provisions of National Press Trust Ordinance, 1960-Held: Respondent No.l appears to be an instrument/agency of Government and constitutional petition can be maintained against it-Petition accepted.                                                                                     [Pp.l26127]EF PLD 1986 Lahore 424, AIR 1981 SC 487 and AIR 1986 SC 1571 rel  (ii) Dismissal-- -—Employee of newspaper-Dismissal from service of-Challenge to-Contents of enquiry report are L-elicd by fact that petitioner was admittedly on medical leave on 12th and 13tb of September, 1990-While coming to conclusion that petitioner had not explained about two cheques of Rs.1300000/-, enquiry officer did not care to consult relevant record-In face of clear admission by National Press Trust which is governing body of respondent No.l, said amount stood fully accounted for--Held: There was no justification for respondent No.l to have proceeded to dismiss petitioner for misappropriation of aforesaid amount.          [P.125]B (iii) Dismissal-- —Employee of newspaper-Dismissal from service of-Challenge to—On an application under Section 22-A(8)(g) of Industrial Relations Ordinance, 1969, N.I.R.C. directed that meanwhile respondents shall not pass final order concerning charge-sheet and this order was served on Chief Executive and General Manager of Daily Mashriq-Held: In presence of injunction issued by authority of competent jurisdiction, it was not open to respondent No.l to have passed any order in disregard…

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