SPECIMAN / DRAFT / FORMATE / OF WRIT PETITION / CONSTITUTION PETITION BEFORE THE HIGH COURT AND REQUIRED DOCUMENTS / STEP BY STEP PROCEDURE

IN THE ISLAMABAD HIGH COURT, ISLAMABAD

(Original Constitutional Jurisdiction)

C.P. No. ___ of 2025
[To be filled by office]

In the matter of: A Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973

AND

In the matter of: Violation of fundamental rights and unlawful termination of service by Pakistan International Airlines Corporation Limited (PIACL)

BETWEEN:

Mr. _____________,
S/o Ghulam Qadir,
Resident of House No. 14, Street No. 20, G-10/1, Islamabad,

… Petitioner

VERSUS

  1. Pakistan International Airlines Corporation Limited (PIACL),
    through its Chief Executive Officer,
    PIA Head Office, Karachi.
  2. General Manager (Human Resource),
    Pakistan International Airlines Corporation Limited,
    PIA Head Office, Karachi.

  3. … Respondents

PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973 FOR ISSUANCE OF WRIT OF CERTIORARI AND MANDAMUS AGAINST ILLEGAL TERMINATION FROM SERVICE BY PIA

RESPECTFULLY SHOWETH:

  1. That the Petitioner is a law-abiding citizen of Pakistan, qualified and experienced professional, who was employed by Respondent No. 1 as a Flight Operations Officer on a permanent basis, and was performing his duties with utmost dedication and without any adverse remarks.
  2. That the Petitioner was appointed on 02.02.2014 in accordance with the applicable rules and procedures of the Respondent Corporation, and continued to serve diligently at the Islamabad Airport Station.
  3. That on 15.01.2025, the Petitioner received an abrupt termination letter from Respondent No. 2, without any prior show cause notice, explanation, charge sheet, or opportunity of personal hearing, rendering the entire action void and contrary to settled principles of natural justice.
  4. That no disciplinary proceedings, complaint, or inquiry was ever initiated against the Petitioner during his entire service, nor was he ever provided any opportunity to defend himself against any allegation.
  5. That the termination order is entirely unreasoned, arbitrary, vague, and amounts to an act of colorable exercise of authority, violative of Articles 4, 9, and 10A of the Constitution.
  6. That the actions of the Respondents are violative of the mandatory requirements of the PIA Service & Discipline Regulations, 1985, which provide for mandatory issuance of notice, charge, and inquiry before passing any adverse order.
  7. That the Petitioner filed a departmental representation on 18.01.2025, which has remained unanswered to date, and no forum of departmental appeal is practically available to him.
  8. That the Respondent PIA is a statutory corporation performing functions in connection with the affairs of the Federation, and is amenable to constitutional jurisdiction of this Hon’ble Court under Article 199 of the Constitution.
  9. That the Petitioner is being victimized for reasons unknown, and his fundamental rights have been infringed without lawful justification.
  10. That the arbitrary termination has caused immense hardship, mental agony, financial loss, and reputational damage to the Petitioner, without affording him lawful process.
  11. That the Petitioner has no other adequate or efficacious remedy under the law, as internal forums are either non-functional or not competent to grant reinstatement.
  12. That this Petition is filed bona fide and in the interest of justice.

GROUNDS

This Petition is being filed on the following amongst other legal and factual grounds:

  1. That the impugned termination order dated 15.01.2025 is illegal, void ab initio, without lawful authority and violative of Articles 4, 9 and 10A of the Constitution.
  2. That the Petitioner was condemned unheard in violation of the maxim audi alteram partem, and no charge sheet or personal hearing was afforded prior to the adverse action.
  3. That no inquiry proceedings were initiated or concluded in accordance with the applicable regulations of the Respondent Corporation.
  4. That the Respondents acted in excess of jurisdiction, and in an arbitrary and discriminatory manner without any plausible justification.
  5. That the Petitioner was never provided reasons or explanation for the termination, nor was he served with any allegations or show cause notice.
  6. That the Respondents’ actions are contrary to the principles of due process, fairness and fair trial guaranteed under Article 10A of the Constitution.
  7. That the Respondents being public functionaries and statutory authorities are bound to act fairly, justly and in accordance with law, which they have failed to do.
  8. That the Petitioner’s livelihood, reputation and right to be treated in accordance with law have been gravely violated.
  9. That the Petitioner’s case falls within the parameters of public law jurisdiction and writ under Article 199 is maintainable.
  10. That this Hon’ble Court has ample jurisdiction to declare the impugned order as illegal and to direct reinstatement of the Petitioner with all back benefits.

PRAYER

In view of the above submissions, it is most respectfully prayed that this Hon’ble Court may graciously be pleased to:

a. Declare the termination order dated 15.01.2025 issued by the Respondents as illegal, void ab initio, without lawful authority and of no legal effect;

b. Direct the Respondents to reinstate the Petitioner in service with all back benefits and continuity of service;

c. Restrain the Respondents from taking any further adverse action against the Petitioner without due process;

d. Grant any other relief deemed just and appropriate in the facts and circumstances of the case.

Islamabad
Dated: //2025

…Petitioner

Through Counsel:
Mr. Asadullah Hashmi, Advocate High Court
Asad & Basim Advocates & Legal Consultants

Managing partner at LEX & JURIS Barristers and Legal Consultants Islamabad
Office No. 4, Block-D-7, FGEHA Apartments, Opposite Federal Judicial Complex, Sector G-11/4 Islamabad

VERIFICATION:

Verified on oath at Islamabad on this ___ day of ___, 2025, that the contents of the above petition are true and correct to the best of my knowledge and belief.

Petitioner
(Signature)

 

📌 Required Documents:

  1. Copy of CNIC of the Petitioner

  2. Appointment Letter

  3. Termination Letter

  4. Service Record (if available)

  5. Salary Slips / Proof of employment

  6. Any internal communication/notice (if any)

  7. Affidavit in support of the petition

  8. Power of Attorney (Vakalatnama) if through counsel

  9. Court Fee (Rs. 250 for writ petition under IHC Rules)

  10. Index and title page

🧾 Step-by-Step Process to File Petition in Islamabad High Court:

1. Draft the Petition

  • Draft as per format shown above.

  • Ensure correct jurisdiction and article invoked (Article 199).

  • Attach supporting documents and affidavit.

2. Engage an Advocate

  • If not appearing in person, file vakalatnama.

  • Advocate must be enrolled with Islamabad Bar.

3. Print & Compile the Petition

  • Prepare 3 complete sets: one original + two photocopies.

  • Compile as per IHC Rules with tag files, index, and affidavit.

  • Affix proper court fee stamp.

4. File in the IHC Filing Branch

  • Submit to the Filing Section of Islamabad High Court.

  • Clerk will check for compliance, and assign a diary number.

5. Objection Resolution

  • If any objection raised by the scrutiny branch, remove them in 1–3 days.

  • Then it is placed before the Hon’ble Court.

6. Issuance of Notice

  • Court may issue notice to Respondents or fix for hearing on maintainability.

7. Preliminary Hearing

  • Judge may ask about maintainability or availability of alternate remedy.

  • If accepted, notices are issued to respondents for reply.

8. Final Hearing and Judgment

  • Upon hearing both parties, Court may pass appropriate orders.

⚖️ Legal Precedents to Support Petition

  • PLD 2013 SC 660 – Public sector employees can invoke Article 199 if termination violates fundamental rights.

  • 2020 SCMR 251 – No alternate remedy when action is void ab initio.

  • 2019 PLC (C.S.) 1143 – Termination without hearing violates Article 10A.

💡 Expert Tips:

  • Emphasize absence of departmental remedy or ineffectiveness of appeal.

  • Highlight breach of fundamental rights, especially Article 10A (due process).

  • Keep petition precise, focused, and factually accurate.

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