ASHFAQ MUHAMMAD vs MANAGING DIRECTOR, PAKISTAN STATE OILS
This petition for leave to appeal arose from the dismissal of the petitioner, a former Depot Officer of the Pakistan State Oil Company, for the misappropriation of 9,100 litres of petrol. The petitioner initially challenged his dismissal through a constitutional petition in the Lahore High Court, which was dismissed on the grounds that no service rules were produced to substantiate procedural irregularities and no evidence demonstrated the dismissal was passed without lawful authority. An Intra-Court Appeal subsequently affirmed this decision. Before the Supreme Court, the petitioner contended that his dismissal violated Section 16 of the Marketing of Petroleum Products (Federal Control) Act, 1974, which mandates the continuance of service under existing terms and conditions. The Supreme Court found that the petitioner failed to demonstrate how this provision was violated or that the Managing Director had altered his terms of service in a manner contrary to law. Consequently, the Court held that the petitioner failed to establish any merit in his challenge and dismissed the petition for leave to appeal, affirming the lower courts' findings.
- Does the dismissal of an employee of a managed company under the Marketing of Petroleum Products (Federal Control) Act, 1974, require proof of violation of specific service rules?
- Can an employee challenge a dismissal order in constitutional jurisdiction without demonstrating that the order was passed without lawful authority?
- Does Section 16 of the Marketing of Petroleum Products (Federal Control) Act, 1974, prevent the dismissal of an employee for misconduct if their terms and conditions of service remain unaltered?
- Section 16, Marketing of Petroleum Products (Federal Control) Act 1974
ORDER
' GHULAM MAJADDID, J.-- Ashfaq Muhammad, Ex-Depot Officer, Pakistan State Oil Company was dismissed from service as he was found guilty of misappropriating 9100 litres of petrol. He invoked the Constitution jurisdiction. A learned Judge of the Lahore High Court by order dated 4-10-1983 dismissed the petition observing as under:- "The perusal of charge sheet and enquiry report discloses that petitioner was alleged to have misappropriated one tank lorry by omitting to make its entry in the accounts. No service rules have been placed on record to show the procedure prescribed for dismissal and none has been referred to by the learned counsel. The perusal of the charge-sheet and enquiry report do not make out any case for coming to the conclusion that petitioner did not know of the allegation against him. There is no material placed on this Court's file to show that the impugned order of petitioner's dismissal was passed without lawful authority."
2. Against the aforesaid order, the petitioner filed an Intra-Court Appeal.The Bench who heard the appeal confirmed the order of the learned Single Judge. Hence this petition for leave to appeal.
3. Relying on section 16 of the Marketing of Petroleum Products (Federal Control) Act, 1974 which is to the following effect, learned counsel argued that the dismissal of the petitioner was contrary to the aforesaid provision:- "CONTINUANCE IN SERVICE.--In the case of a managed company, all persons employed in, by or for the purpose of the business of the company by whomsoever appointed or engaged, shall continue in their respective employments on the same remuneration and other conditions of service as were applicable to them immediately before the appointment of the Managing Director in respect of that company, unless the Managing Director directs otherwise in a particular case or their terms and conditions of service are altered in accordance with the law or any rules applicable to such managed company."
Learned counsel was unable to point out how the afore-said provision had been violated.
4. He was repeatedly asked as to whether there was any order by the Managing Director whereby the terms and conditions of the petitioner's service had been altered to which he replied that there was no such order. We don't, therefore, find any merit in this petition for leave to appeal which is hereby dismissed.
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