HAMAYAT-UR-REHMAN, EX-INSPECTOR INTELLIGENCE vs MINISTRY OF DEFENCE AND STRATEGIC PLANS DIVISION (SPD) S

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HAMAYAT-UR-REHMAN, EX-INSPECTOR INTELLIGENCE VS MINISTRY OF DEFENCE AND STRATEGIC PLANS DIVISION (SPD) S. 15, proviso [as inserted by National Command Authority (Amendment) Act, 2016]---National Command Authority Employees Service Rules, 2011, R. 14---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Non-statutory rules of service---Termination from service---Remedy---Petitioner was an employee of the National Command Authority who was terminated from service and his appeal before the Appellate Authority was dismissed---Validity---Proper right of audience was afforded to the petitioner and the Appellate Authority passed a well-reasoned and speaking order after duly considering written and oral submissions as well as material available on record---Findings so recorded were based on objective assessment of petitioner's service record, performance and conduct and did not suffer from any illegality or procedural irregularity---Petitioner was not condemned unheard or prejudiced in any manner---Employees of the National Command Authority are governed by the National Command Authority Employees Service Rules, 2011 which are non-statutory in nature---Relationship between employer and employee is that of master and servant---In such cases, service disputes do not give rise to enforceable rights under public law and are not amenable to constitutional jurisdiction under Art. 199 of the Constitution---Application of functional test further clarifies that internal rules regulating service conditions, not having statutory backing, cannot be made the basis for invoking constitutional remedies---Petitioner's grievance pertained to service matters arising out of anon-statutory framework for which departmental remedies were available and availed---High Court declined to interfere in the matter as the termination order was passed by the competent authority after affording due opportunity of hearing and was areasoned decision not suffering from any illegality or jurisdictional defect---Constitutional petition was dismissed, in circumstances.

HAMAYAT-UR-REHMAN, EX-INSPECTOR INTELLIGENCE vs MINISTRY OF DEFENCE AND STRATEGIC PLANS DIVISION (SPD) S — 2026 PLC(CS) 815 LAHORE-HIGH-COURT-LAHORE

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