Demotion

2014 PLC 253 LABOUR-APPELLANT-TRIBUNAL-BALOCHISTAN Judicial Precedent

S.O. 15(2)(iii)Balochistan Industrial Relations Act (XIII of 2010), Ss.41 & 54(2)DemotionGrievance petitionDelay, condonation of

Employee who was appointed as Upper Division Clerk, was demoted just 10 days after his appointment, filed grievance petition after inordinate delay of 12 years from his demotion

Grounds mentioned by employee in his application for condonation of said delay, were not sufficient, but were general in nature

Grievance petition and application for condonation of delay, were rightly dismissed on point of limitation by Labour Court.

2009 PLC(CS) 338 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Arts. 25 & 199Constitutional petitionCivil serviceDemotionDiscrimination

Petitioner was alleged to have committed misconduct, therefore, departmental proceedings were initiated against him and resultantly he was demoted

Validity

Authorities initiated departmental proceedings against petitioner in haphazard way; after the reply was furnished by petitioner, department had become vigilant and issued amended charge-sheet/statement of allegations

Stance taken by petitioner was in clear terms that on the relevant day he was on sanctioned leave

Statement of allegations and charges found against petitioner on the face of it were vague and irrelevant

Inquiry conducted in the matter reflected that the same was not in accordance with due procedure and as such, it deviated from normal rules and regulations

Defence put forth by petitioner was not taken into consideration at all

Penalty of another officer who was also penalized along with petitioner was later on converted into minor penalty while case of petitioner was at par with that of the other officer

Authorities had adopted discriminatory attitude against petitioner against whom not a single adverse action was taken in the part

If service record of petitioner had been dark, then the authorities might have been justified in adopting stern action against him

Order passed against petitioner was discriminatory, tantamounting to an act of nepotism and favouritism and the same could not be sustained in the eye of law

Petitioner had rightly invoked constitutional jurisdiction of High Court

Petition was allowed in circumstances.

2009 PLC(CS) 565 ISLAMABAD Judicial Precedent

Rr. 9.01, 15.06 & 15.10Constitution of Pakistan (1973), Art.199Constitutional petitionMaintainabilityDemotionPetitioner was demoted from the post of General Manager Media Relations (G.9) to Manager Media Relations (G.8)Validity

Employees of Pakistan Television Corporation were governed by Pakistan Television Corporation Limited Employees Service Rules, 1978, which had no legal cover i.e. non-statutory in nature and could not be enforced through a constitutional petition

Said Rules had provided remedy of appeal, which had not been availed by the petitioner

Constitutional petition being not maintainable, was dismissed, in circumstances.