Citation Name : 2009 SCMR 708 SUPREME-COURT
Side Appellant : Brig. (R.) SAKHI MARJAN, CEO, PESCO, PESHAWAR
Side Opponent : MANAGING DIRECTOR PEPCO, LAHORE
Art. 185(3)—Contractual employment—Non-holding of inquiry—Termination of service—Remedy-–Petitioner
was employed in corporation on contract and he was terminated on the
allegation of insubordination—Plea raised by petitioner was that no
regular inquiry was held depriving him of opportunity of being heard—Validity–-Was
not necessary that inquiry must be held in each and every case as it
depended upon circumstances of each case—Services of an employee could
be terminated without holding regular inquiry for the reason that
competent authority could dispense withholding of such inquiry
especially when allegation levelled against employee was proved on the
basis of documentary evidence—Employee of corporation , in absence of
violation of law or any Statutory rule, could not press into service the
Constitutional or civil jurisdiction for seeking relief of
reinstatement in service—Such employee could only claim damages against
his wrongful dismissal or termination—High Court had rightly declined to
interfere in exercise of Constitutional jurisdiction for enforcement of
contractual obligation—Leave to appeal was refused.
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