BASHIR ALI SHAHZAD vs BANK OF PUNJAB art — 2023 PLC(CS) 1059 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLC(CS) 1059 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLC
Parties: BASHIR ALI SHAHZAD vs BANK OF PUNJAB art
Subject matter: Constitutional

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

BASHIR ALI SHAHZAD VS BANK OF PUNJAB art.199---Constitutional jurisdiction against a statutory body---Maintainability---Non-statutory rules of service---Scope---Employees of only those organizations discharging functions in connection with the affairs of the federation, a province, or a local authority can invoke the constitutional jurisdiction of the High Court in service matters whose employment is governed by statutory rules---In other words, where the conditions of service of an employee of a statutory body are governed by regulations, instructions, or directions issued by that body for its internal use rather than statutory rules, he cannot file a writ petition to challenge a violation---In such a circumstance, the principle of master and servant applies, and an employee's remedy for wrongful termination is a claim for damages; and a constitutional petition is not competent---If, on the other hand, statutory rules govern an employee's service conditions, any action taken against him in contravention of the statute or those rules is subject to judicial review by the High Court, which may overturn it.

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