Case Details

Citation(s)
2014 SLG 189 2014 SLD 189 2014 PLC 582
Lahore High Court
Writ Petition No. 5423 of 2010, decided on 15th February, 2013. Date of hearing: 6th February, 2013.
RAUF AHMAD SHAIKH, J
Muhammad Amin Farooqi for Petitioner. Ehsan Ahmad G. Khawaja for
Respondents Nos.2 and 3.

Malik MUHAMMAD ESSA KHAN

VS

FEDERATION OF PAKISTAN through Secretary, Ministry of Finance, Islamabad and 2 others

Law:

Section:

(a) Civil service--- ----Charge sheet---Clerical mistake in charge sheet which had not prejudiced civil servant could be corrected at any stage. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Scope---Bank employee---Findings recorded by Inquiry Officer on question of fact could not be interfered through constitutional jurisdiction. (c) National Bank of Pakistan (Staff) Rules, 1973--- ----R. 36(c)---Degradation of employee---Scope---Rule 36(c) of the National Bank of Pakistan (Staff) Rules, 1973 had provided the penalty of degradation to a lower stage in pay scale but that could not be for indefinite period. (d) National Bank of Pakistan (Staff) Rules, 1973--- ----R. 36(c)---Government Servants (Efficiency and Discipline) Rules, 1973----Degradation of employee---Provisions of R.36(c) of the National Bank of Pakistan (Staff) Rules, 1973 and Government Servants (Efficiency and Discipline) Rules, 1973 were almost similar on the subject. Member (A.C.E. & S.T.), Federal Board of Revenue, Islamabad and others v. Muhammad Ashraf and 3 others 2008 SCMR 1165 ref. JUDGMENT RAUF AHMAD SHAIKH, J.--- The petitioner has assailed the vires of order dated 11-6-2010, whereby the major penalty of down gradation by one step in the present pay scale was awarded to him and order dated 9-9-2010 conveyed through letter dated 18-10-2010 passed by the President, National Bank of Pakistan, whereby his departmental appeal was dismissed. 2. It is contended that the petitioner joined the NBP as Grade-III Officer in 1974. After rendering meritorious service with devotion, he was promoted as Assistant Vice-President of the respondent-Bank in due course. He continued serving the Bank with his best abilities but thereafter he was deprived of his right of promotion to the rank i.e. Vice-President so he made many representations as his junior had been promoted and was finally promoted as Vice-President in 2002. He has been making efforts for eradication of the corruption and wrong doings in the Bank. He also made hectic efforts for recovery of the loans from the defaulters and for this reason the Mafia involved in embezzlement and misappropriation of funds became…
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