ALI ADNAN ARIF TABBA vs NATIONAL DATABASE REGISTRATION AUTHORITY Reglns — 2024 PLC(CS) 890 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 PLC(CS) 890 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: PLC
Parties: ALI ADNAN ARIF TABBA vs NATIONAL DATABASE REGISTRATION AUTHORITY Reglns
Subject matter: Civil
Provisions referred to: Civil Servants Act (LXXI of 1973); Specific Relief Act (I of 1877); Civil Servants Act

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

ALI ADNAN ARIF TABBA VS NATIONAL DATABASE REGISTRATION AUTHORITY Reglns. 23 & 24---Civil Servants Act (LXXI of 1973), Ss.15 & 16---Civil Servants (Efficiency and Discipline Rules, 2020, R.5---Specific Relief Act (I of 1877), Ss.42 & 54---Suit for declaration, permanent injunction and damages instituted in Civil Original Jurisdiction of High Court---Maintainability---Issuance of show-cause notice in pending departmental proceedings---Upon allegation of involvement in illegal processing of CNICs in respect of suspected aliens plaintiffs were suspended---Plea of violation of fundamental rights---Contention of the plaintiffs was that although their services were governed by non-statutory rules, yet they were being dealt with as being civil servants and proceedings were initiated against them under Civil Servants (E&D) Rules, 2020---Validity---Objection of plaintiffs was irrelevant in terms of Regln. 23 of National Data Base and Registration Authority (Service) Regulations, 2002, which provided that subject to Regln. 24, Rules made and instructions issued by the Government of Pakistan or a prescribed authority as for civil servants under Ss.15 & 16 of the Civil Servants Act, 1973 as amended from time to time would be applicable insofar as practicable to the employees of the authority and the case of the plaintiffs did not fall within the proviso to Regulation, 2002---There was no violation of any fundamental right in issuance of show-cause notices followed by consequential and logical procedure---Proceedings in substance were against show-cause notices in pending departmental disciplinary actions, which had not attained finality and still the right of appeal, as a result of conclusion, was available with the plaintiffs under Regulation, 2002---Suits being not maintainable were accordingly dismissed.

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