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MUHAMMAD TAHIR NAWAZ CHEEMA vs FEDERATION OF PAKISTAN art — 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 art
Subject matter
Criminal

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 art.199---Constitutional petition---Statutory body---Non-statutory service rules---Effect---Principle of 'Master and Servant'---Exceptions---Employees of a statutory body whose conditions of service are not regulated by rules/regulations framed under the Statute but only by Rules or Instructions issued for its internal use, any violation thereof cannot normally be enforced through Constitutional jurisdiction (of High Court)---Such employees are governed by the principle of 'Master and Servant'; however there are exceptions to such canon: first, the statutory body has violated service rules or regulations framed by it under the powers derived from the statute and there is no adequate or efficacious remedy; second, the body has disregarded procedural requirements and principles of natural justice while taking action in a service matter; third, there is a statutory intervention---Rule of 'Master and Servant' is not applicable to those cases also where there is violation of any law holding the field and such is an independent ground for judicial review but it may be considered an extension of the third exception---Expression "violation of law" does not confine to violation of any specific provision of a statute.

Other judgments reported in 2023 PLC

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