Case Details

Citation(s)
2023 SLG 591 2023 SLD 591 2023 SCMR 766
Supreme Court of Pakistan
Civil Appeal No. 441 of 2021, decided on 16th January, 2023. (Against the judgment Dated 22.09.2020 passed by the Peshawar High Court, Abbottabad Bench in Writ Petition No. 830-A of 2019)   Date of hearing: 16th January, 2023.
Present: Ijaz Ul Ahsan, Munib Akhtar and Sayyed Mazahar Ali Akbar Naqvi, JJ
Rai Mohammad Nawaz Kharal, Advocate Supreme Court and Rafaqat Hussain Shah, Advocate-on-Record for Appellants.Nemo for
Respondents.

PRESIDENT NATIONAL BANK OF PAKISTAN and others-----Appellants

VERSUS

WAQAS AHMED KHAN-----Respondent

Law: Constitution of Pakistan, 1973

Section: 184(3),199

(a) Civil service--- ----Appointment---Bank employee---Practice or policy of appointing authority---Legitimate expectation, doctrine of---Scope---Doctrine of legitimate expectation connotes that a person may have a reasonable expectation of being treated in a certain way by administrative authorities owing to some uniform practice or an explicit promise made by the concerned authority---Legitimate expectation ascends in consequence of a promise, assurance, practice or policy made, adopted or announced by or on behalf of government of a public authority---When such a legitimate expectation is obliterated, it affords locus standi to challenge the administrative action before the court of law---However, it is for the Court to decide as to whether the expectation is legitimate or not---Said doctrine is applied as a tool to watch over the action of administrative authorities and in essence imposes on all authorities to act fair and square in all matters encompassing legitimate expectation. Model Customs Collectorate, Islamabad v. Aamir Mumtaz Qureshi 2022 SCMR 1861 ref. (b) Constitution of Pakistan--- ----Arts. 184(3), 199--- Judicial review--- Scope--- Administrative/ executive actions---Constitutional courts being guardians of the Constitution have the power to judicially review the administrative/ executive actions and the conduct of the public authorities but the same shall be on the touchstone of fairness, reasonableness and proportionality. (c) Civil service--- ----Appointment---Son-quota---Concealment of involvement in criminal case---Although the respondent was involved in a criminal case of murder of his wife and was acquitted subsequently pursuant to proceedings carried out under section 265-K, Cr.P.C., but it is settled law that even if the allegations leveled in the FIR are admitted to be false, even then without recording of evidence, it cannot be said that there was no probability of conviction of the accused---In order to ascertain the genuineness of the allegations, the Trial Court ought to have allowed the prosecution to lead evidence---Respondent was offered the job of cashier in the Bank but when the Bank came to know that he has a criminal…
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