Law: Constitution of Pakistan, 1973

Section: 199

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

Section:

Summary of Judgment

The petitioner, a long-serving employee of the National Bank of Pakistan (NBP), challenged the order dated 24.02.2022 by the NBP Appellate Committee, which upheld his dismissal from service. The dismissal was based on the finding that the petitioner had submitted a bogus B.Com degree. The petitioner argued he never submitted such a degree and that all his promotions were based on his Intermediate qualification. The Bank, however, produced documentary evidence showing the petitioner had submitted a B.Com transcript with his 2015-16 appraisal, which the University of Sindh later declared bogus. The Court found that the disciplinary process was properly followed under the NBP Staff Service Rules, 1973, which were statutory in nature, making the writ petition maintainable. However, as the dispute involved contested facts (whether the petitioner actually submitted the bogus degree), the Court held that such factual controversies could not be resolved in writ jurisdiction under Article 199 of the Constitution. The petition was therefore dismissed.

Core Points

Background: Petitioner was appointed as Cashier in 1996 based on Intermediate qualification, later promoted to Officer Grades II and III1.

Allegation: In 2016, petitioner submitted a B.Com degree with his annual appraisal, which was found bogus by the University of Sindh1.