Law: Constitution of Pakistan, 1973

Section: 185/199

Constitution of Pakistan, 1973-- ----Art. 185/199--Service--Criminal background--Involvement in a criminal case under Section 302, PPC--Appellants were directed to allow respondent to join his duty in pursuance of appointment order--Father of respondent was Manager in appellant National Bank of Pakistan and died while he was in service of Bank--Appellants were directed to appoint respondent on regular basis on any post commensurate to his qualification--The appellant Bank issued appointment letter--On coming to know that respondent was involved in a criminal case under Section 302 PPC--The respondent was acquitted by Trial Court--While exercising powers under Section 265-K Cr.P.C--It is settled law that even if allegations leveled in FIR are admitted to be false, even then without recording of evidence, it cannot be said that there was no probability of conviction of accused--The respondent was offered job of cashier in Bank but when Bank came to know that he has a criminal background, Bank did not allow him to join duty--The post of cashier is considered to be very important in a Bank--The Bank was well within its domain and acted naturally--The impugned of Peshawar High Court is set aside--Appeal allowed.                                                 [Pp. 277, 278 279] A, B, C, D, E, F, G 2022 SCMR 694; 2022 SCMR 1861; 2005 SCMR 1544 ref. JUDGMENT Sayyed Mazahar Ali Akbar Naqvi, J.--Through this appeal by leave of the Court, the appellants have called in question the vires of the judgment dated 22.09.2020 passed by the learned Peshawar High Court, Abbottabad Bench whereby the Writ Petition filed by the respondent was allowed and the appellants were directed to allow the respondent to join his duty in pursuance of appointment order dated 24.06.2015. 2. Briefly stated the facts of the matter are that father of the respondent was Manager in the appellant National Bank of Pakistan and died while he was in service of the Bank. The respondent filed Writ Petition No. 52-A/2013 before the Peshawar High Court for his appointment in the National…

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