DR. LATEEF SIDDIQUI V e r s u s STATE PETROLEUM REFINING AND PETRO CHEMICAL CORPORATION and others
Judge Name: DR. GHOUS MUHAMMAD Judgment Result: Orders accordingly Other Law Journal References: –S. 115 read with o. 39 r. 1 & 2 and o. 7 r. 11-applicant a general manager of respondent No. 1 (state Petroleum refining and petro chemical corporations-suspension of-suit for injunction against- status quo-grant of-publishing of news item thereafter and discontinuance of salary and all benefits-contempt application against alongwith other interlocutory application for injunction-dismissal of ue to no cause of action-appeal was also dismissed-termination of service thereafter-revision application against-applicant has complained against actions falling under breach of natural justice and malafide- objection that matter pertains to contractual relationship governed by principle of master and servant ex facie is not sustainable-objection that applicant lacks a legal character is also not sustainable-at the time f filing of suit applicant’s salary and perks were reduced by 50 percent which by itself had given a cause of action-during pendency of suit applicant had moved an interlocutory application bringing to court’s knowledge that in defiance of ad interim order salary/perks were completely discontinued, whereas service rules do not provide for any reduction of salary pending enquiry-applicant specifically pleaded aspects f malafide in suit-during enquiry proceedings no witnesses were examined or evidence led-enquiry proceedings were also disbanned sine die -appearance of news item in respect of allegations against applicant prima facie establishes a case of mala fide intent-held : both subordinate courts have committed material irregularities by not appreciating facts and pleas of applicant-applicant had come up with a triable cause of action.