1639/2019 Const. P. Tariq Kaleem (Petitioner) V/S Institute of Charted Accountant & Others (Respondent)

1639/2019 Const. P. Tariq Kaleem (Petitioner) V/S Institute of Charted Accountant & Others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 13-JAN-25

13. While the Institute of Chartered Accountants of Pakistan (ICAP) does not have explicitly named "statutory rules of service," it operates under a framework of regulations: Chartered Accountants Ordinance, 1961. This is the primary legislation governing ICAP's existence and functions. ICAP Bye-Laws. These bylaws provide the internal rules and procedures for ICAP's operations, including membership, examinations, and disciplinary matters. ICAP has internal policies and procedures that govern employment matters, including recruitment, performance management, and employee conduct. The ICAP Staff Service Rules, 2011 were framed by the respondent/Institute, these rules may not have the operates within a clear legal and regulatory framework of the respondent/Institute. 14. In view of what has been discussed above, without touching the merits of the case, the preliminary objection regarding the maintainability of the petition is sustained and the petition is held to be not maintainable in terms of Article 199 of the Constitution for the reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio of the judgment passed by the Supreme Court in the case of Pakistan Electric Power Company supra.