Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--State Bank of Pakistan (Staff) Regulations, Regln.22-­Leave to appeal granted to consider question, amongst others, whether High Court went wrong in holding that declaratory suit was maintainable at instance of petitioner when there was no controversy as to breach of any Rule relating to enquiry under Regulations. (b) Constitution of Pakistan (1973)-----Art. 185(3)--State Bank of Pakistan (Staff) Regulations, Regln.22-­Leave to appeal granted to consider whether High Court had wrongly held that Manager of Bank who was only officer under R.22 of Regulations competent to dismiss respondent from service, could not award punishment of dismissal as he was biased and that such exercise of power offended against principles of natural justice. (c) Civil Procedure Code (V of 1908)-----S. 96--State Bank of Pakistan (Staff) Regulations, Regln.22--First Appellate Court not to transform itself as an appellate authority sitting over of Administrative Tribunal. (d) State Bank of Pakistan (Staff) Regulations------Regln. 22--Civil Procedure Code (V of 1908), S.96--Departmental proceedings--Discretion lies only with Administrative Authority to take a lenient or harsh view of matter. (e) State Bank of Pakistan (Staff) Regulations------Regln. 22--Dismissal--Departmental enquiry held against employee in full accord with Regulations and no violation of any Regulation complained against--No objection taken by employee during departmental enquiry to the effect that Enquiry Officer was biased or not impartial or was subordinate to Manager of Bank--Finding of Courts below, that Manager of Bank who was only officer under Regln. 22 of Regulations, was biased against respondent, not rooted in evidence but based on conjectures and surmises--Finding of appellate Courts below set aside and and decree passed by trial Court upheld. JUDGMENT ABDUL QADIR SHAIKH, J.--Facts of this case briefly stated are that on 4-7-1970, Branch Manager of appellant-Bank on a surprise check found the respondent who was employed as a Chowkidar missing from duty and sleeping in his quarter. As it was a case of dereliction from duty show-cause notice was issued to…

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