Case Details

Citation(s)
2015 SLG 3095 2015 SLD 3095 2015 PLC 1293
Islamabad High Court
W.Ps. Nos. 2594 and 1656 of 2013, heard on 21st May, 2015
SHAUKAT AZIZ SIDDIQUI, J
Muhammad Anwar Mughal for Petitioner. Barrister Afzal Hussain, Rana Zafar Iqbal Khan, SVP and Muhammad Younas, OG-I, ZTBL for
Respondents

NASEER PERVAZ QURESHI

VS

BOARD OF DIRECTORS, ZTBL, through Company Secretary and 3 others

Law:

Section:

Zarai Taraqiati Bank Limited Staff Service Regulations, 2005--- ----Constitution of Pakistan, Art.199---Constitutional petition---Maintainability--- Factual controversy--- Determination--- Petitioner filed two constitutional petitions challenging show-cause notices, charge sheets and .order of inquiry issued by Employer Bank---Bank took plea that petitioner had raised factual controversies which were beyond scope of constitutional jurisdiction---Validity---Petitioner had demanded extensive inquiry, collection and appraisal of evidence, which was beyond scope of jurisdiction of court under Art.199 of the Constitution---High Court was not to look into veracity of allegations levelled by Bank or explanation given by petitioner---Allegation as to whether petitioner had proceeded abroad without approval of Bank was factual controversy---Bank was under legal obligation to consider representation made by petitioner in accordance with relevant laws, rules and regulations---Bank was directed to consider representation of petitioner under Zarai Tarqiati Bank Limited Staff Service Regulations, 2005 within fifteen days---Constitutional petition was disposed off in circumstance. JUDGMENT SHAUKAT AZIZ SIDDIQUI, J.--- With this single order, I intend to decide the above referred writ petitions as the petitioners have challenged the show-cause notice dated 17-12-2009, charge sheet dated 31-5-2010 and 24-6-2010 along with the letter dated 10-4-2013 issued by the respondents. 2. Precisely, the facts are that the petitioner was appointed as an Executive Vice-President in respondent Bank on 2-8-2007; that respondents issued show-cause notice to the petitioners on 17-12-2009, on the allegation that the petitioner had failed to process encashment of bank guarantee before its expiry which caused loss of US $ 51396 to the respondent bank etc. That petitioners responded to the show-cause notice but the respondent issued charge sheet dated 31-5-2010, alleging that the petitioner proceeded abroad on 8-5-2009 without obtaining Ex-Pakistan leave and without approval of authority. That the respondents issued another charge sheet on 24-6-2010 to the petitioner and in the meantime respondent…
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