MUHAMMAD AWAIS RAZAQ, SDO OPERATION, ABBOTTABAD vs FEDERAL GOVERNMENT OF PAKISTAN through Secretary Ministry of Power, Islamabad Non-statutory rules of service — 2022 PLC(CS) 590 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 PLC(CS) 590 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: PLC
Parties: MUHAMMAD AWAIS RAZAQ, SDO OPERATION, ABBOTTABAD vs FEDERAL GOVERNMENT OF PAKISTAN through Secretary Ministry of Power, Islamabad Non-statutory rules of service
Subject matter: Service

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD AWAIS RAZAQ, SDO OPERATION, ABBOTTABAD VS FEDERAL GOVERNMENT OF PAKISTAN through Secretary Ministry of Power, Islamabad Non-statutory rules of service---Maintainability---Scope---Petitioners during their service were suspended on account of poor photo billing accuracy amounting to misconduct---Petitioners were later on reinstated, show cause notices were withdrawn and the intervening period was treated as leave without pay---Petitioners filed departmental appeal for allowing suspension grant, however, the appeal was turned down---Petitioners were confronted with question as to whether the petitioners could invoke the constitutional jurisdiction of High Court for redressal of their grievances in absence of violation of law or any statutory rules, he stated that the Pakistan WAPDA Employees (Efficiency and Discipline) Rules, 1978, adopted by the respondent were statutory in nature---Validity---Adoption of the rules of Government or their application by reference did not lend a statutory cover or content to the rules---Employee of a corporation or company in the absence of violation of law or statutory rules could not press into service the constitutional jurisdiction for seeking relief relating to the terms and conditions of his service---Constitutional jurisdiction could not have been invoked by the petitioners---Constitutional petition being not maintainable was dismissed. Head Notes

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