Law: State Bank of Pakistan Act, 1956

Section: 54

Law: Constitution of Pakistan, 1973

Section: 212(3)

State Bank of Pakistan Act (XXXIII of 1956)---   ----S. 54---State Bank of Pakistan Staff Regulations, 1999---Constitution of Pakistan (1973), Art.212 (3)---Non-statutory rules-Abating of proceedings---Employee after tendering his resignation, filed application to withdraw the same---Authorities did not allow the employee to withdraw his resignation but Service Tribunal allowed the appeal and permitted him to withdraw his resignation---Validity---Rules framed by Central Board of Directors did not require approval of Government, therefore, State Bank of Pakistan Regulations, 1999 could be termed as internal instructions or domestic rules/regulations having no status of statutory rules/regulations---Case of employee fell within the category of cases which stood abated with the result that proceedings and rendered by Service Tribunal also stood nullified, therefore, petition for leave to appeal and of Service Tribunal stood abated---Supreme Court allowed a period of 90 days to the employee to have recourse to available remedies before competent forum---Petition was disposed of accordingly.     Muhammad Mobeen-us-Salams case PLD 2006 SC 602; State Bank of Pakistan v. Agha Aurangzeb Civil Petition No.318 of 2005; Cadet College Kohats case PLD 1984 SC 170; Zia Ghafoor Parachas case 2004 SCMR 35 and Muhammad Idreess case PLD 2007 SC 681 rel. JUDGMENT CH. IJAZ AHMED, J.---Petitioners seek leave to appeal against the judgment of the Federal Service Tribunal dated 19-1-2004 wherein appeal filed by the respondents was accepted. 2. Necessary facts out of which the present petition arises are that respondent was in the service of the petitioners against the post of Assistant Treasurer. He tendered his resignation on 20-3-1999 due to the death of his mother and other circumstances. Petitioners directed him to deposit a sum of Rs.4,58,959 outstanding against him. The matter regarding outstanding amount was not settled between the petitioners and the respondent. Consequently respondent submitted an application on 4-6-2000 with the request to withdraw his resignation. His request was not accepted. Respondent filed departmental appeal which was dismissed.…

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