Case Details

Citation(s)
2006 SLG 2817 2006 SLD 2817 2006 SCMR 1962
Supreme Court of Pakistan
Civil Petition No.318 of 2005, decision dated: 3rd September, 2005
RANA BHAGWANDAS AND HAMID ALI MIRZA, JJ

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STATE BANK OF PAKISTAN through Board SBP and others

VS

Agha MUHAMMAD AURANGZEB KHAN

Law:

Section:

Constitution of Pakistan (1973)-------Art. 212(3)---Petition for leave to appeal---Petition on the face of record was frivolous and vexatious as the question of law involved was specifically and clearly decided up to the level of Supreme Court---Petition had been filed against the principles of fair play, good governance and justice---Petitioners taking it to be a prestige point fully considering legal position that it had no merit, were liable to pay special costs for filing such petition which was vexatious, frivolous and without any merit---Petitioners were directed to pay special costs of Rs.20,000 within specified period. Syed Wajih-ul-Hasan Zaidi v. Government of Punjab through D.C. Jhelum and 2 others 1996 SCMR 558 and I.-G. Hq. Frontier Corps and others v. Ghulam Hussain and others 2004 SCMR 1397 ref. Raja Muhammad Ibrahim Satti, Advocate Supreme Court for Petitioners. Date of hearing: 6th July, 2005. JUDGMENT HAMID ALI MIRZA, J.---This civil petition for leave to appeal is directed against judgment, dated 10-12-2004 passed by the Federal Service Tribunal, Lahore, in Appeal No.518(L)(CE)/2-1 whereby the said appeal filed by respondent was accepted and the impugned order therein was set aside, thereby petitioners have been directed to proceed against the respondent under the provision of Removal from Service (Special Powers) Ordinance, 2000, if so desired. 2. Brief facts of the case are that the respondent is an employee of the petitioners-Bank as Officer Grade-I, State Bank of Pakistan, Lahore. On 27-6-1993, he was served with a show-cause notice for acts of omission and commission on his part along with his companions. He was asked to submit explanation and thereafter he was issued charge-sheet. After holding enquiry, the respondent was dismissed from service on 19-8-1993. His appeal was rejected on 1-2-1995. After rejection of his appeal, the respondent sent a grievance notice on 3-5-1995 and after rejection of the same, on 17-5-1995 he filed grievance petition under section 25-A of the Industrial Relations Ordinance, 1969, in the Punjab Labour Court No.1, Lahore on 13-7-1995 which was returned to the respondent vide order, dated 17-7-1997 in view ofโ€ฆ
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