Law:

Section:

(a) National Bank of Pakistan (Staff) Service Rules, 1973----- ---R.37 (b)(e)--Constitution of Pakistan (1973), Art. 199--Bank employee awarded punishment of degradation to lower stage of pay and debarred from promotion for next two years--Legality--Inquiry Officer in his report found employee not guilty of four out of five charges while the fifth charge could not be taken up by him--Competent Authority however, awarded the specified punishment--While awarding punishment to employee neither of disagreement of competent Authority with Enquiry Officer were communicated to employee nor was he afforded personal hearing before imposition of penalty--Competent Authority in awarding punishment to employee thus violated principles of natural justice-- opportunity of personal hearing having not been afforded to employee by the competent Authority before infliction of punishment, employee's Constitutional petition was accepted with consequential benefits and orders awarding punishment were declared to have been passed without lawful authority and of no legal effect. (b) Natural justice, principle of-- ---Person sought to be affected must at least be aware of the nature of allegations against him and he should be given a fair opportunity to put forward his case before any order adverse to his interest could be passed. In all proceedings by whomsoever nature, whether judicial or administrative, the principle of natural justice has to be observed if the proceedings might result in consequences affecting "the pet-son or property or other rights of the parties concerned". And this rule applies even though there may be no positive words in the state or legal document. Where by the power is vested to take such for, in such cases this requirement is to be implied into it as the minimum requirement of fairness. The competent authority should act in accordance with the principle of natural justice. An order passed without notice and, without hearing the affected parties is void and no legal sanction attaches to the superstructure placed on such a void order. In order to ensure elementary and essential principle of fairness the person ,sought-to be affected must at least be aware…

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