Case Details

Citation(s)
2023 SLG 390 2023 SLD 390 2023 PLC 85
Peshawar High Court
Writ Petition No.1711-P of 2015, decided on 28th February, 2018. Date of hearing: 28th February, 2018.
WAQAR AHMAD SETH AND MUSARRAT HILALI, JJ
Zartaj Anwar Khan for Petitioner. Muazzam Ali for
Respondents.

ADAM KHAN

VS

BANK OF PUNJAB through Chairman and others

Law: Bank of Punjab Act, 1989 

Section: 7,11

Law: Constitution of Pakistan, 1973

Section: 199

(a) Bank of Punjab Act (XII of 1989)--- ----Ss.7, 11---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Government of Punjab under S.7 of Bank of Punjab Act, 1989 holds 51% shares out of 100 % shares---President of the Bank is appointed under S.11 of Bank of Punjab Act, 1989 by Government of Punjab---Bank of Punjab falls under the definition of a person as per the provisions of Art.199(1)(a) of the Constitution and as such is amenable to Constitutional jurisdiction of High Court. (b) Bank of Punjab Act (XII of 1989)--- ----Ss.7, 11---Constitution of Pakistan, Arts. 17, 199---Constitutional petition---Right of association---Termination from service---Principle of natural justice---Applicability---Territorial jurisdiction of High Court---Principle---Petitioner was employee of Bank of Punjab who was terminated from service for forming an Association of Bank officials---Bank assailed territorial jurisdiction of High Court---Validity---Petitioner was permanent resident of place M while the Bank was also based at place M---High Court under the provisions of Civil Procedure Code had jurisdiction to entertain constitutional petition even otherwise---Petitioner did not ask for enforcing any right under statutory / non-statutory rules, rather had asked for enforcement of fundamental rights secured and guaranteed under the Constitution---Order of termination of petitioner suffered from patent perversity---Even if allegation made against petitioner was taken as proved, the same did not amount to misconduct so as to attract penalty of termination imposed upon him---Right to form an association was protected under Art.17 of the Constitution---Once the Bank after complying with codal formalities, appointed petitioner, then it could not take a somersault and terminate him on trifling grounds---High Court set aside termination order as the same was in violation of principle of natural justice---Constitutional petition was allowed, in circumstances. PLD 1975 SC 244; AIR 1989 SC 1607; AIR 2004 SC 3264; 2010 SCMR 253; 2013 SCMR 1707; 2017 SCMR 571; PLD 1999 SC 1106; 2003 PLC (C.S.) 963; PLD 2010 SC 1484 and Shafiq Ahmad Khan and others v. NESCOM and…
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