6240/2018 Const. P. Muhammad Bakhtiar Ahmed (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
6240/2018 Const. P. Muhammad Bakhtiar Ahmed (Petitioner) V/S Fed. of Pakistan and 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: 30-APR-25
The core issue is whether proceedings under the statutory Rules of 1973 constitute statutory intervention, allowing a writ petition based on the Pakistan Defence Officers??? Housing Authority case (2013 SCMR 1707). That case held that statutory proceedings override non-statutory rules. Here, the Supreme Court found statutory intervention because proceedings against corporation employees were initiated under the Removal from Service Ordinance, 2000. However, the present petitioner was proceeded against under the Rules of 1973, which inherently apply only to civil servants, not NADRA employees. These rules were applied to the petitioner solely through adoption in NADRA's non-statutory Regulation 23. Statutory intervention would only exist if the Rules of 1973 directly applied to NADRA employees, independent of NADRA's adoption. Since their application is solely via non-statutory regulations, they do not gain a superior statutory status, therefore, assertion of the learned counsel for the petitioner is misconceived and discarded.