mr. justice tassaduq hussain jillani mr. justice nasir-ul-mulk mr ...

CIVIL APPEAL NOs. 39/2010, 1150/2010, 1162/2010, 142-K/2009, 177-
K/2010, 178-K/2010, 228-K/2010, 57-K/2011, 63-K/2011, 65-K/2011, 66-
K/2011, 83-K/2011, 91-K/2011, 135-K/2011, 136-K/2011, 137-K/2011, 188-
K/2011, 232-K/2011, 75-K/2012 AND 82-K/2012
42
The expression “violation of law” would not be
confined merely to violation of any specific
provision of a statute but the expression “law”, as
observed by Hamoodur Rehman, J., (as his
Lordship then was) in Government of West
Pakistan v. Begum Agha Abdul Karim Sorish
Kashmiri PLD 1969 SC 14 at page 31 and ought
to be considered in its generic sense as connoting
all that is treated as law in this country including
even the judicial principles laid down from time to
time by the superior Courts. It means according to
the accepted norms of legal process and
postulates a strict performance of all the functions
and duties laid down by law. It may, for instance,
include the principles of natural justice, the public
duty to act fairly and honestly and absence of
mala fides in fact and law. In all such cases the
Court would be competent to grant relief of
reinstatement.”
49. While affirming the afore-mentioned judgment of the
High Court of Sindh, this Court considered the effect of the
Ordinance 2000 qua the jurisdiction of the High Court under
Article 199 of the Constitution for the first time in Civil Aviation
Authority through Director General v. Javed Ahmad (2009 SCMR
956). The Court observed as under:-
““The learned High Court was fully
empowered to consider whether the action
complained of is in accordance with the
Removal from Service (Special Powers)
Ordinance, 2000. Therefore, the violation of
law falls within the parameters of the
constitutional jurisdiction and the petition
was properly entertainable regarding
punishment of compulsory retirement to
Javed Ahmed. The right of individual by
change of law cannot be closed as past
transaction and the constitutional petition
remains alive to agitate the rights guaranteed
under the Constitution. The departmental
action on the statement of allegations
contained 23 allegations which include
additional allegations, was passed on malice
and pre-determined desire to get rid of Javed