ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
C.P.No.D-3821 of 2012
____________________________________________________________
Order
with signature of Judge
Present : Mr.
Justice Muhammad Ali Mazhar
Mr. Justice
Abdul Ghani Soomro
Muhammad Attique..
..
.
.Petitioner
Versus
Federation
of Pakistan and 02 others
..
....Respondents
Date
of Hearing:- 15.08.2016
Petitioner
is present a/w his counsel Syed Shoa-un-Nabi,
advocate
Mr.Muhammad
Masood Khan, advocate for the respondent No.2
Sh.Liaquat
Hussain, Standing Counsel
Muhammad Ali Mazhar, J: Matter is otherwise fixed for satisfying on the
maintainability of petition. Learned counsel for the petitioner admits that
though the respondent No.2 is a statutory organization but they have no
statutory rules of service. On the otherhand, learned
counsel for the respondent No.2 has shown us a copy of order passed by learned
Division Bench of this court in C.P.No.D-1704/2009 in which the petitioner of
that petition had challenged his dismissal order being without due process of
law. Disciplinary action was taken
against him but learned D.B., held that in view of the judgment passed by honble Supreme Court in the case of Tanvir-ur-Rehman,
the relationship between the petitioner and the respondent is of master and
servant for which he could have filed a suit. Consequently, the petition was
dismissed.
In this case also, the respondent No.2
is the same and since they have no statutory rules of service, naturally this
petition is also not maintainable and appropriate remedy is to file civil suit
for redress of grievance if any. After arguing at some length, learned counsel
for the petitioner on instructions of the petitioner who is also present in
court, wants to avail appropriate remedy.
In view of this statement, this petition
is disposed of accordingly.
J U D G E
J U D G E