Law:

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This civil revision calls in question the judgment and the decree dated 14-12-1992 passed by a learned Additional District Judge, Peshawar affirming the, judgment and the decree dated 26-10-1991 of the learned Senior Civil Judge, Peshawar, whereby the suit for declaration brought by Khushal Khan respondent No. 1 herein, challenging his compulsory retirement from the National Bank of Pakistan as Assistant Vice-President was decreed.   2. The bare outlines of the case are as follows: The plaintiff respondent No.1 joined National Bank of Pakistan in 1957 as a Staff Member. In due course of service lie was posted as Manager of the Bank Birmingham Branch U.K. in the year, 1968 in place of one Mr.SA. Hashmi. The plaintiff detected frauds committed by Mr.S.A Hashmi and had communicated to Head Office of defendant No.1 and Senior Regional Manager in London. In the year 1978 the plaintiff was appointed as Area Manager, D.I. Khan when a shortage of Rs.1.00,000 (rupees one lac) in the course of handing over and taking over of the charge of the Senior Head Cashier at D.1. Khan Main Branch of the Bank was reported to the plaintiff. He recouped the Bank money aforesaid from the three delinquent staff members in equal proportion. Besides this, the matter was also reported to the Assistant Director, F.IA., D.I. Khan who returned the report on 8 - 4-1978 contending that F.IA was not inclined to intervene in the matter. The matter was also reported to Sub-Martial Law Administrator, DJ. Khan, who also refused to take cognizance of the matter. In the meantime, defendant No.1 promoted the plaintiff as. Assistant Vice-President with effect from 1-7-1978. He was then posted as Incharge of the Coordination Department in the Principal Office of the Bank at Peshawar, vide order dated 1-3-1980. During this posting of the plaintiff, some inquiry was conducted by one Sultan Ahmad, the then Vice-President of Principal Office, Hyderabad, in respect of the aforesaid shortage of Rs.1,00,000 at D.I. Khan, Main Branch of the Bank. In consequence, the plaintiff was served with a notice as to why penalty be not imposed on him under the National Bank of Pakistan Staff Service Rules. On…