Law: Constitution of Pakistan, 1973

Section: 199

Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)-------Art. 199---Constitutional jurisdiction of High Court---Scope---High Court, if satisfied that no other adequate remedy was provided by law, on the application of an aggrieved person, could make an order directing a person performing within territorial jurisdiction of the court functions in connection with the affairs of the Federation; a Province or Local Authority, to refrain from doing anything; he was not permitted by law to do or to do anything he was required by law to do; or declare that any act done or proceedings taken by a person performing functions in connection with the affairs of the Federation, a Province or Local Authority, had been done or taken without lawful authority and was of no legal effect---Bank, after its privatization, was being run by a private party and had no concern with the affairs of Federation or a Province, which was condition precedent qua maintainability of constitutional petition, constitutional petition against said Bank being not maintainable, was dismissed. PLD 1966 SC 445 and 2005 MLD 1798 ref. Manzoor Ahmed Rehmani for Petitioner. Shoukat A. Choudhary for Respondents. Date of hearing: 4th December, 2007. JUDGMENT AKHTAR ZAMAN MALGHANI, J.---Following relief has been claimed in the instant constitutional petition:-- "It is, therefore, accordingly respectfully prayed that this Honourable Court may kindly be pleased to declare the dismissal order, dated 25-1-2007 as illegal, unlawful, without lawful authority and of no legal effect. Further the respondent may be directed to reinstate the petitioner into services with all back-benefits, in the interest of justice." 2. Briefly stated, facts of the case are that the petitioner was an employee of Habib Bank Limited, who was served with a show-cause notice as to why disciplinary action for alleged misconduct should not be taken against him, which was replied by the petitioner denying the 'allegations. It appears from the record that after conducting inquiry through Inquiry Committee, a second show-cause notice was issued to the petitioner on the basis of inquiry report and after receipt of reply and personal hearing, the petitioner was…

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