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TARIQ AZHAR SHEIKH vs FEDERATION OF PAKISTAN through Secretary, Ministry of Industries art — 2023 PLC(CS)N 14 ISLAMABAD

Case information

Citation
2023 PLC(CS)N 14 ISLAMABAD
Court
Islamabad High Court
Year
2023
Reporter
PLC
Parties
TARIQ AZHAR SHEIKH vs FEDERATION OF PAKISTAN through Secretary, Ministry of Industries art
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

TARIQ AZHAR SHEIKH VS FEDERATION OF PAKISTAN through Secretary, Ministry of Industries art. 199---"Master and servant" relationship of---Constitutional jurisdiction of High Court---Scope---Employees of Government owned Corporation---Terms and conditions of employees were not under any Statutory Rules or Regulations etc., relationship of Corporation with its employees was of "Master and Servant"---Single Judge of High Court had rightly dismissed the Constitutional petition of the employee. Citation Name: 2023 PLC(CS)N 14 ISLAMABADBookmark this Case TARIQ AZHAR SHEIKH VS FEDERATION OF PAKISTAN through Secretary, Ministry of Industries art.199---Constitutional petition---Matters relating to terms and conditions of service of civil servant---Jurisdiction of High Court---Scope---"Master and Servant", principle of---applicability---Violation of Service Rules or Regulations framed by the Statutory bodies under the powers derived from Statutes, in absence of any adequate or efficacious remedy, could be enforced through constitutional jurisdiction---Where conditions of service of employees of a Statutory body were not regulated by Rules/Regulations framed under the Statute but only Rules or instructions issued for its internal use, any violation thereof could not normally be enforced through constitutional jurisdiction and civil servants would be governed by the principle of 'Master and Servant' ---In all the public employments created by the Statutory bodies and governed by the Statutory Rules/Regulations, unless the appointments were purely contractual, the principles of natural justice could not be dispensed with in disciplinary proceedings---Where the action of a statutory authority was in disregard of the procedural requirements and was violative of the principles of natural justice , it could be interfered with in constitutional jurisdiction---Intra court appeal was dismissed, in circumstances.

Other judgments reported in 2023 PLC

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