Case Details

Citation(s)
1989 SLG 1499 1989 SLD 1499 1989 PLC 713
Lahore High Court
Constitutional Petition No. 367 of 1989, decided on 24th January, 1989.
IRSHAD HASAN KHAN, J
Ch. Riyasat Ali for Petitioner.

IQBAL HAIDER

VS

NATIONAL BANK OF PAKISTAN and others

Law:

Section:

National Bank of Pakistan (Staff) Service Rules, 1980-- ---Rr.35 & 37--Constitution of Pakistan (1973), Art.199--Employee degraded to a lower stage of pay in his grade by three steps, on charge of misconduct-­Employee having exhausted other remedies impugned his penalty before High Court in Constitutional jurisdiction--Competency of Constitutional jurisdiction against disputed question of fact--National Bank of Pakistan employer was bound to act in accordance with the procedure laid down in the Service Rules regarding disciplinary action that might be taken against employees--Where in a case employee was not afforded opportunity to defend himself such omission might be fatal depending upon facts and circumstances of each case--Such pleas had not been raised by employee before lower forums--Employee merely challenged the severity of his punishment and not the finding of Inquiry Officer--Question of quantum of punishment was a matter to be determined by the employer--High Court in exercise of its Constitutional jurisdiction cannot sit in appeal over the - delivered by a domestic Tribunal, like the Appellate Authority of National Bank of Pakistan--Whether the petitioner was given a fair opportunity of hearing during enquiry proceedings was essentially a disputed question of fact which cannot be allowed to be agitated in Constitutional proceedings. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, seeks a declaration that the memorandum dated 11-10-1988 issued by the Assistant Vice-President (Admns.), National Bank of Pakistan; whereby he rejected the appeal of the petitioner and upheld the order of punishment contained in the memorandum No. ADMN:DISCIP: F 40, dated 12-6-1988, where by the petitioner was degraded to a lower stage of pay in his grade by three steps as without lawful authority and of no legal effect. 2. Briefly, the facts of the case are that the petitioner was posted as officer Grade-1 with the National Bank of Pakistan. He was served with a charge sheet dated 1-10-1987 by the Senior Executive Vice-President of the Bank for committing certain irregularities by him during his posting at Pattoke…
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