| Case ID |
039727ec-e982-4060-8012-9edba8504c69 |
| Body |
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| Case Number |
D-568 of 2008 |
| Decision Date |
Sep 30, 2010 |
| Hearing Date |
Sep 23, 2010 |
| Decision |
The Sindh High Court dismissed the constitutional petition of Abdul Rehman Rana, determining that the petition was not maintainable due to the absence of statutory service rules in the respondent organization. The court emphasized that even if the respondent was a government-controlled entity, the lack of statutory rules barred the maintenance of the writ petition regarding employment grievances. The court referred to precedent cases which established that an organization could choose different modes of service termination without being restricted by initial actions. The petitioner’s claims of mala fide actions and stigma due to termination were found insufficient to overcome the jurisdictional limitations imposed by the absence of statutory rules. |
| Summary |
In the case of Abdul Rehman Rana vs. Federation of Pakistan, the Sindh High Court addressed the constitutional petition concerning the termination of the petitioner’s employment as a Sub-Engineer. The petitioner argued that the termination was conducted without due process and constituted a mala fide act, causing stigma to his professional reputation. However, the court ruled that since the organization did not have statutory service rules, the petition was not maintainable under Article 199 of the Constitution. The decision reinforced the legal principle that organizations lacking statutory rules cannot have grievances related to employment or termination adjudicated through constitutional petitions. The case underscores the importance of statutory frameworks in employment law and the legal implications of procedural adherence in termination cases. This ruling is significant for public sector employees and organizations, highlighting the necessity of statutory service regulations to safeguard employee rights and ensure fair disciplinary processes. |
| Court |
Sindh High Court
|
| Entities Involved |
FEDERATION OF PAKISTAN,
MINISTRY OF EDUCATION
|
| Judges |
SAJJAD ALI SHAH,
SHAHID ANWAR BAJWA
|
| Lawyers |
Gohar Iqbal for Petitioner,
Khalid Javed for Obaid-ur-Rehman for Respondent No.2,
M. Jamil Farooqui for Respondent No.3
|
| Petitioners |
ABDUL REHMAN RANA
|
| Respondents |
FEDERATION OF PAKISTAN, MINISTRY OF EDUCATION through Secretary and 4 others
|
| Citations |
2011 SLD 1578,
2011 PLC 155
|
| Other Citations |
Ehsan Elahi v. WAPDA, 1988 SCMR 1247,
Pakistan International Airlines Corporation v. Tanweer-ur-Rehman PLD 2010 SC 676
|
| Laws Involved |
Removal from Service (Special Powers) Ordinance, 2000,
Constitution of Pakistan
|
| Sections |
3,
5,
199
|