ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P. Nos.D-1704 of 2009

Date Order with signature of Judges

FOR KATCHA PESHI

21.04.2010

Mr. Abrar Bukhari, Advocate for the petitioner.

Mr. Muhammad Masood Khan, Advocate for the respondent.

Mr. Ashiq Raza, DAG for respondent No.1.

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The grievance of the petitioner is that he has been dismissed from employment of respondent No.4 without due process of law in as much as the disciplinary action was taken against him on the basis of Rules which were not applicable to the petitioner rather the action ought to have been taken against the petitioner under the Removal from Service (Special Powers) Ordinance 2000. It is admitted by the counsel for the petitioner that the service of the petitioner was not governed by statutory rules.

In view of such admission, the judgment dated 12.03.2010 of the Hon'ble Supreme Court of Pakistan in Civil Appeal No.172-K of 2009 PIA vs. Tanvir-ur-Rehman, specifically laid down that in such event the law of Master and Servant will apply and the aggrieved employee is entitled to file a civil suit but constitutional petition will not be maintainable.

In view of the above cited case law, which is even not disputed by the counsel for the petitioner, we dismiss this petition as not maintainable but allow the petitioner to avail remedy in accordance with law.

J U D G E

Nadeem