| Citation(s) |
|---|
| 2022 SLG 1738 2022 SLD 1738 2022 PLJ 100 |
Supreme Court of Pakistan
C.P. No. 1165 of 2021, decided on 3.1.2022. (Against the order dated 18.2.2021, passed by the Lahore High Court, Lahore, in W.P. No. 53502 of 2019)
GULZAR AHMED, CJ, JAMAL KHAN MANDOKHAIL AND MUHAMMAD ALI MAZHAR, JJ.
Mr. Adnan Ahmed Khawaja, ASC and Mr. Jawaid Masood Tahir Bhatti, AOR (absent). Mr. Hassan Raza, Head Legal, ZTBL and Muhammad Jibran, Law Officer for Petitioners.
Respondent in person.
C.P. No. 1165 of 2021, decided on 3.1.2022. (Against the order dated 18.2.2021, passed by the Lahore High Court, Lahore, in W.P. No. 53502 of 2019)
GULZAR AHMED, CJ, JAMAL KHAN MANDOKHAIL AND MUHAMMAD ALI MAZHAR, JJ.
Mr. Adnan Ahmed Khawaja, ASC and Mr. Jawaid Masood Tahir Bhatti, AOR (absent). Mr. Hassan Raza, Head Legal, ZTBL and Muhammad Jibran, Law Officer for Petitioners.
Respondent in person.
PRESIDENT, ZARAI TARAQIATI BANK LIMITED, ISLAMABAD and others
VS
Agha HASSAN KHURSHEED
Law: Constitution of Pakistan, 1973
Section: 187,212(3)
Human Resources Manual, 2012-- ----Para 16(B)--Constitution of Pakistan, 1973, Arts. 187 , 212(3)--Appointment as AVP--Promotion as Vice President--Non-attestation of MBA transcript by HEC--Charge sheet--Statement of allegations--Enquiry was conducted--Letter for personal hearing--Writ petition--Allowed--Notice for personal hearing was set aside--Direction for holding of regular enquiry in which person who appointed respondent shall be associated--Constitution of enquiry committee--Abolishing of General Service Unit--Termination of service--Observation of High Court--Power of Supreme Court--Inherent power--Direction to--Observation of High Court in order dated 17.06.2019 that a person who’ appointed respondent shall be associated in enquiry, apparently, is not sustainable in law, for that, enquiry is to be conducted by petitioners bank, and whosoever is to be associated in such enquiry, is a matter which only petitioners bank is competent to decide-- Supreme Court has been given power to issue such directions, orders or decrees as may be necessary for doing complete justice in any case or matter pending before it--An order has been passed by a forum below which has bearing on case and causes injustice to one of parties, and Court will not be hesitant for a moment to correct such injustice--Direction to petitioners bank to obtain, presence of Mr. Zaka Ashraf in enquiry being conducted against respondent, thus, is an order which inherently is not equitable rather on its face appears to be not consistent with well recognized legal principles of law and lacks any legal support--Appeal allowed. [Pp. 105, 106 , 107] A, B, C , D 2021 SCMR 503, PLD 2020 SC 146 and PLD 2017 SC 265 ref. ORDER Gulzar Ahmed, CJ.--The petitioners-bank had advertised the post of Assistant Vice-President (AVP) (Operations) in which the qualification required was that of Master Degree in Business Administration/Commerce with at least seven years experience or Graduate/Post Graduate degree with twelve years experience in Banking Operations in large commercial or financial organizations. The respondent applied for the said post and it is admitted by him, who is present in…
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