2013 PLP 847 (YLR)
KHALID HASSAN KHAN — Petitioner Versus PAKISTAN INTERNATIONAL AIR LINES through Director of Marketing and 2 others — Respondents
| Citation | 2013 PLP 847 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | Dost Muhammad Khan, C.J and Mrs. Irshad Qaiser, J |
| Parties | KHALID HASSAN KHAN — Petitioner Versus PAKISTAN INTERNATIONAL AIR LINES through Director of Marketing and 2 others — Respondents |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2013 PLP 847 (YLR)?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2013 PLP 847 (YLR)?
The case was heard and decided by the Peshawar bench comprising: Dost Muhammad Khan, C.J and Mrs. Irshad Qaiser, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2013 PLP 847 (YLR) (KHALID HASSAN KHAN — Petitioner Versus PAKISTAN INTERNATIONAL AIR LINES through Director of Marketing and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nazir Ahmad for Petitioner.
- Abdul Zakir Tareen for Respondents.
Headnotes / Summary
Art. 199
Constitutional Jurisdiction of High Court
Scope
Petitioner (travel agent) was aggrieved of a fine imposed upon him by Pakistan International Airlines (PIA) allegedly for violating terms and conditions of license of agents
Petitioner contended that imposition of such fine was violative of the terms and conditions of PIA
Domestic rules prepared by internal management to whom no powers were delegated by the legislature for enacting / framing rules, such rules framed by domestic organization or corporation could not be given status of statutory rules, violation of which or the infringement of any right accrued thereunder could not be ques-tioned through Constitutional petition
Constitutional petition being non-maintainable, was dismissed, in circumstances.
Judgment & Decree
DOST MUHAMMAD KHAN, C.J.
Petitioner is aggrieved of the imposition of fine by the respondent-authority i.e. PIA for violating the terms and conditions of the license of agents by the petitioner.
2. The learned counsel made a long debate on the question of maintainability of this petition and vehemently urged that once a citizen is wronged in a manner unwarranted in law then, he/she can maintain a constitutional petition and in this case the right of hearing was denied to the petitioner, who was imposed upon fine for no wrong on his part and that too in violation of principle of natural justice.
3. We have gone through the rules/regulations on which reliance is placed by the learned counsel which are called domestic rules framed by the internal management of the PIA to regulate the conduct of its agents.
4. It is by now well-settled proposition of law that domestic rules, prepared by the internal management to whom no powers are delegated by the legislature enacting/ framing rules then such rules framed by the domestic management of any organization or corporation, cannot be given the status of statutory rules, violation of which or the infringement of any right accrued thereunder could not be questioned through Constitutional petition, hence, it cannot be competently maintained. Accordingly, we are of the firm view that this petition, for the above reasons, is not maintainable and is dismissed. KMZ/41/P Petition dismissed.