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MUHAMMAD TAHIR NAWAZ CHEEMA vs FEDERATION OF PAKISTAN Rr — 2023 PLC(CS) 662 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 PLC(CS) 662 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
PLC
Parties
MUHAMMAD TAHIR NAWAZ CHEEMA vs FEDERATION OF PAKISTAN Rr
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

MUHAMMAD TAHIR NAWAZ CHEEMA VS FEDERATION OF PAKISTAN Rr. 2(1)(g), 5, 12 & 25---Constitution of Pakistan, Art. 199---Constitutional petition---Termination of service---Public Sector Company---Petitioners were employees of NESPAK which was a Public Sector Company and their services were terminated in violation of their terms of service---Validity---Respondent company sent the petitioners home under a plan which was neither prepared nor approved in accordance with Corporate Governance Rules, 2013---Plan lacked transparency and fairness and completely disregarded principle of procedural due process---Termination letters in question did not meet standards of good governance developed over the years in respect of public sector employments---Action of respondent company against petitioners could not be approved, as rights of petitioners must be balanced with interests of State---Public institutions should not be allowed to become a breeding ground for parasites, they should have freedom to manage their affairs in appropriate manner so that they may deliver and come up to expectations of the nation---If respondent company needed any restructuring or new policies to improve its working, including those relating to human resource, it could go ahead subject to the condition that it was to comply with Corporate Governance Rules, 2013 and ensured transparency and non-discrimination---High Court set aside Termination Letters issued to petitioners---Constitutional petition allowed, in circumstances.

Other judgments reported in 2023 PLC

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