Case Details

Citation(s)
1995 SLG 1229 1995 SLD 1229 1995 PLC 423
Sindh High Court
Civil Petition No. D-573 of 1994, decided on 13th April, 1994.
NASIR ASLAM ZAHID C.J. AND MUHAMMAD HUSSAIN ADIL KHATRI, J

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BILAL BIN ZAHEER

VS

Law:

Section:

Industrial Development Bank of Pakistan Ordinance (XXXI of 1961)--- ----S. 42---Constitution of Pakistan (1973), Art. 199---Delegation of powers--­Effect---Petitioner who was Senior Vice-President in the Bank was charge­-sheeted for using objectionable language in reply to earlier memos issued to him and Enquiry Committee was constituted to enquire into charges levelled against petitioner and Executive Vice-President was appointed as a Chairman of Enquiry Committee on direction of Managing Director of the Bank-- Petitioner in his Constitutional petition had challenged competency of Managing Director to give direction for appointment of Chairman of Enquiry Committee and conduct of enquiry by Executive Vice-President contending that his appointing authority being Board of Directors of Bank, Authority to take disciplinary action against him was Board of Directors and not Managing Director or any one lower in rank like Executive Vice-President---Board of Directors in its meeting having delegated its powers under S. 42 of Ordinance, 1961. in respect of disciplinary action against officers in category of petitioner to Managing Director or any other officer of Bank, Managing Director as delegated was Competent Authority and could get case enquired by an officer specially deputed for this purpose and in such an event on direction of Managing Director memo of charges could be issued under signature of any other officer---Disciplinary action was rightly taken by Managing Director by issuing charge-sheet to petitioner and by appointing Executive Vice-President as Chairman of Enquiry Committee---Petitioner aggrieved by orders passed by Managing Director could appeal to Board of Directors. Obaidur Rehman for Petitioner. Ijaz Hussain Batalvi and Muhammad Asghar Ansari for Respondents. ORDER NASIR ASLAM ZAHID, CJ: --Petitioner is a Senior Vice-President in IDBP (in category 1(a) of the Industrial Development Bank of Pakistan (Staff) Service Regulation, 1961 governing the Conditions of Service of the Employees of the Industrial Development Bank of Pakistan). According to the petitioner, he was appointed on 11-8-1990 by the competent authority, that is, Board of Directors of…
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