PAKISTAN TELECOMMUNICATION COMPANY LIMITED vs RASHEED AHMED Para — 2024 PLC(CS) 1555 KARACHI-HIGH-COURT-SINDH

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PAKISTAN TELECOMMUNICATION COMPANY LIMITED VS RASHEED AHMED Para. 7.01---Suit for declaration and injunction---Removal from service---Resolution of Board of Directors---Applicability---Appellant / Pakistan Telecommunication Company Limited (PTCL) removed respondent / plaintiff from service---Trial Court decreed the suit in favour of respondent / plaintiff on the ground that GM (HRA) had unauthorizedly and without jurisdiction issued/communicated show-cause notice and charge-sheet under paragraph 7.01 of Pakistan Telecommunication Company Limited Service Regulations, 1996---Validity---Such finding of Trial Court was contrary to evidence available on record---When Board of Directors passed resolution amending para. 7.01 of the Pakistan Telecommunication Company Limited Service Regulations, 1996, the paragraph stood amended as of the same date---Pakistan Telecommunication Company Limited (PTCL) was a publicly listed company, and its board resolutions were also uploaded to Pakistan Stock Exchange website---Board Resolution had come into effect on the date of passing the resolution and not when it was communicated to company's management---Date of inter-office memo communicating contents of Board resolution was irrelevant for the purpose of coming into force of the resolution, which had become law on the date when Board of Directors resolved and passed the resolution to amend para. 7.01 of Pakistan Telecommunication Company Limited Service Regulations, 1996---GM (HRA) was duly authorized and competent to issue and communicate show cause notice and charge-sheet to respondent / plaintiff---Trial Court misread the evidence on the point of authorization and jurisdiction of GM (HRA) to issue and communicate show-cause notice and charge-sheet---High Court set aside judgment and decree passed against appellant / PTCL and the case was remanded to Trial Court for decision afresh---Appeal was allowed accordingly.

PAKISTAN TELECOMMUNICATION COMPANY LIMITED vs RASHEED AHMED Para — 2024 PLC(CS) 1555 KARACHI-HIGH-COURT-SINDH

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