Law:

Section:

Efficiency and Discipline (Banks anti Financial Institutions) Rules, 1975-- --R. 8 & Schedule of Powers---Constitution of Pakistan (1973), Art. 199-­Termination of services---Bank employee---tonal Chief who was competent to pass order of termination of services of Bank employee acted on advice of Executive Vice-President who had no authority to terminate services of respondent---Order of termination passed as such could not be deemed to have been passed by Zonal Chief independently who had simply given effect to advice of Executive Vice-President---Order was declared to be illegal having not been passed by the competent authority. Atta-ur-Rehman Sh. for Petitioner. Khizar Abbas for Respondent No. 3. Date of hearing: 11th February, 1990. JUDGMENT The respondent No.3 was serving as Cashier with the petitioner. The case of the petitioner is that the said respondent was detected charging bogus TA. bills, therefore, he was charge-sheeted on 17-fi-1981. The respondent No.3 submitted reply to the charge-sheet on 26-6-1981. Thereafter the matter was referred to the Inquiry Officer. The report of the Inquiry Officer is dated 30-11-1981. It was followed by second show-cause. notice and ultimately the services of the respondent No. 3 were terminated vide order dated 18-11-1982. The respondent challenged this order through petition under section 25-A of the I.R.O. The petitioner contested this grievance petition. However, respondent No.2 after proper adjudication and hearing the arguments accepted this petition vide order dated 25-6-1984, set aside the termination order and reinstated the respondent-employee without back benefits. The petitioner impugned this order through an appeal before the respondent No. 1, who proceeded to dismiss the same vide judgment dated 18-3-1985. 2. The petitioner now through the present Constitutional petition has assailed both the orders of the respondents Nos.1and 2. The petition was admitted to regular hearing and notices were issued to the respondents. The respondent No.l has entered appearance and contested the petition while the other respondents were proceeded ex-parte. 3. I have heard the learned counsel for the parties. The…

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