Case Details

Citation(s)
2020 SLG 556 2020 SLD 556 2020 PLC 249
Islamabad High Court
W.P. No. 1057 of 2018, decision & hearing Date :29-05-2019
MIANGUL HASSAN AURANGZEB, JUSTICE

DR. MUHAMMAD AMINVSZARAI TARAQIATI BANK LIMITED THROUGH BOARD OF DIRECTOR AND 3 OTHERS

Law:

Section:

Zarai Taraqiati Bank Limited Officers Service (Efficiency and Discipline) Regulations, 1975--- ----Reglns. 2(2) & 9---Dismissal from service--- Misconduct---Absence from duty--- Proof--- Petitioner was employee of respondent Bank and was aggrieved of his dismissal from service on grounds of non-compliance of orders--- Plea raised by petitioner was that his inquiry and subsequent dismissal was contrary to law--- Validity--- Inquiry against petitioner was not conducted under Zarai Taraqiati Bank Limited Officers Service (Efficiency and Discipline) Regulations, 1975 but show-cause notice issued to him explicitly provided that same was issued under Zarai Taraqiati Bank Limited Officers Service (Efficiency and Discipline) Regulations, 1975 read with Circular dated 8-9-2015---Office Memorandum whereby petitioner was dismissed from service showed that same was issued under Zarai Taraqiati Bank Limited Officers Service (Efficiency and Discipline) Regulations, 1975--- Petitioner was not proceeded against under Staff Service Regulations, 2005 but he was proceeded under Zarai Taraqiati Bank Limited Officers Service (Efficiency and Discipline) Regulations, 1975 and there was no document to suggest that petitioner was proceeded against under Staff Service Regulations, 2005--- Petitioner did not point out any requirement in procedure for conducting an inquiry under Zarai Taraqiati Bank Limited Officers Service (Efficiency and Discipline) Regulations, 1975 that were violated by authorized officer while conducting inquiry against him--- Stance of petitioner was that he was marked as absent on dates when he claimed to be performing his duties in field or working in home but petitioner ought to have submitted application for rectification of attendance register on said ground--- Petitioner could certainly not have accessed attendance register and marked himself present on dates that he had been marked absent by Chief Manager of branch in question and such conduct of petitioner justified charge of misconduct on him--- High Court declined to interfere in proceedings conducted against petitioner as same did not have any jurisdictional irregularity or infirmity--- Constitutional…
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