Case Details

Citation(s)
2021 SLG 2177 2021 SLD 2177 2021 PLJ 297 = 2021 SCMR 785 = 2021 PLC 828
Supreme Court of Pakistan
C.A. No. 1474 of 2015, decided on 10.12.2020, Date ofhearing: 10.12.2020. (Against the judgment dated 16.12.2014passed by the Peshawar High Court, Peshawar in Writ PetitionNo. 162 of 2014)
IJAZ UL AHSAN, JUSTICE, SYED MANSOOR ALI SHAH, JUSTICE
Mr. Abdul Rehman Khan, ASC for Appellant.Mr. Ghulam Shoaib Jally, ASC and Syed Rifaqat H. Shah, AOR for
Respondents.

MUHAMMAD NAEEM KHANVSPRESIDENT, NATIONAL BANK OF PAKISTAN AND OTHErs

Law: National Bank of Pakistan (Staff) Rules, 1973

Section: 3(d),5,38,39

Law: Constitution of Pakistan, 1973

Section: 212(3)

National Bank of Pakistan (Staff) Service Rules, 1973-- ----Rr. 3(d), 5, 38 39--Constitution of Pakistan, 1973, Art. 212(3) was working as Assistant Vice-President in NBP--Charge sheet--Allegations of failure to keep comprehensive and intelligent check--Concealment of facts from controlling office--Issuance of show-cause notice--Inquiry report--Validity of charge sheet--Demotion to one lower grade for three years--Writ petition--Dismissed--Delegation of powers for issuance of show-cause notice--Signing of inquiry proceedings by appellant consciously and deliberately covered up fraud and thereby facilitated commission of such fraud which resulted in misappropriation of substantial sums of money at cost of exchequer was provided all relevant documents required by him in order to build his defence and he was also given an opportunity to cross-examine witnesses who appeared against him--The Appellant signed inquiry proceedings confirming fact that he was provided all due process rights for his defence and cannot be heard at this stage to take a different stance specially so where this stance was not even taken before High Court--There is no denial of fact that there was continuous embezzlement in pensionary funds in Main Branch, Swabi where Appellant was posted as Branch Manager-Bank had made a categoric statement before High Court to effect that penalty imposed on Appellant was for a limited period of three years and that he shall be considered for promotion in accordance with rules by compete authorities on expiry of Said period--High Court elaborately and extensively discusses all pleas raised by Appellant, has correctly applied relevant law, rules and regulations to facts and circumstance of ease--No illegality, failure or refusal to exercise jurisdiction or erroneous conclusions unsupported by record have been pointed out to us--Appeal dismissed. JUDGMENT   Ijaz-ul-Ahsan, J.- This appeal by leave of the Court is directed against a judgment of the Peshawar High Court, Peshawar dated 16.12.2014. Through the impugned judgment, a constitutional Petition (W.P. No. 162 of 2014) filed by the Appellant was dismissed.   2. Briefly stated the facts necessary…
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