Law:

Section:

(a) National Bank of Pakistan (Staff) Service Rules, 1973R. 39National Bank of Pakistan (Staff) Service Rules, 1980, R. 39­Bank employeeDismissal from serviceApplicability of RulesSuit for declaration and damagesPlaintiff's plea in his suit that terms and conditions of plaintiff's service were governed by National Bank of Pakistan (Staff) Service Rules, 1973 was not denied by defendant (Bank) in its written statementDefendant claimed that new Service Rules viz. National Bank of Pakistan (Staff) Service Rules, 1980 had, come into force with effect from 1st January, 1980Plaintiff had rightly contended that rights and privileges enjoyed by plaintiff under earlier Rules of 1973, could not be taken away by defendant through subsequent amendment in RulesNational Bank of Pakistan (Staff) Service Rules, 1973 were, thus, applicable to plaintiff's case, which did oblige defendant to supply copies of first inquiry report. National Bank of Pakistan v. Sindh Labour Appellate Tribunal and 2 others and Jan Muhammad v. The General Manager, Karachi Telecommunication Region, Karachi and another 1993 SCMR 1440 ref. The VicePresident (Admn.), National Bank of Pakistan and others v. Basharat Ali and others 1996 SCMR 201; A. Ghani Sayeed v. National Bank of Pakistan 1989 PLC (C.S.) 249; Sarfraz v. General Manager (Leaf), Pakistan Tobacco Company Limited and others 1988 SCMR 1352 and Dawood Cotton Mills Limited v. Guftar Shah and another PLD 1981 SC 225 rel. (b) National Bank of Pakistan (Staff) Service Rules, 1973 R. 39QanuneShahadat (10 of 1984j, Art. 2(4)Proof of fact in issuePlaintiff's evidence Being more consistent than defendant's evidence, plaintiff's contention regarding fact in issue, stood proved. (c) National Bank of Pakistan (Staff) Service Rules, 1973 R. 39Bank employeeEnquiry proceedingsDeposition sheets pertaining to Bank Officers clearly indicated that their statements were recorded on some previous occasion while plaintiff was allowed to cross-­examine them subsequently during trialCopies of statements of witnesses were never supplied to employeeNote of Enquiry Officer to the effect that prior to crossexamination of prosecution witnesses they had endorsed their…

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