| Citation(s) |
|---|
| 2004 SLG 969 2004 SLD 969 2004 SCMR 693 |
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal Nos. 1583 to 1585, 1956, 1957 and 1990 of 2003, decision dated: 27-10-2003. (On appeal from the judgment dated 17-7-2003 in Appeals Nos.93(R)CE, 103(R)CE and 104(R)CE of ?003 passed by the Federal Service Tribunal, Isla
HAMID ALI MIRZA, ABDUL HAMEED DOGAR AND FAQIR MUHAMMAD KHOKHAR, JJ
Shahid, Anwar Bajwa, Advocate Supreme Court with M.S. Khattak, Advocate-on-Record for Petitioners in Civil Petitions Nos. 1583 to 1585 of 2003. Amir Alam Khan, Senior Advocate Supreme Court for Petitioners in Civil Petitions Nos. 1956 and 1957 of 2003. Am
Civil Petitions for Leave to Appeal Nos. 1583 to 1585, 1956, 1957 and 1990 of 2003, decision dated: 27-10-2003. (On appeal from the judgment dated 17-7-2003 in Appeals Nos.93(R)CE, 103(R)CE and 104(R)CE of ?003 passed by the Federal Service Tribunal, Isla
HAMID ALI MIRZA, ABDUL HAMEED DOGAR AND FAQIR MUHAMMAD KHOKHAR, JJ
Shahid, Anwar Bajwa, Advocate Supreme Court with M.S. Khattak, Advocate-on-Record for Petitioners in Civil Petitions Nos. 1583 to 1585 of 2003. Amir Alam Khan, Senior Advocate Supreme Court for Petitioners in Civil Petitions Nos. 1956 and 1957 of 2003. Am
HABIB BANK LIMITED and others
VS
MAHMOOD ALI KHAN and others
Law:
Section:
Removal from Service (Special Powers) Ordinance (XVII of 2000)----Ss. 3, 4, 7, 8, 9 & 10---Constitution of Pakistan (1973), Art.212(3)--¬Charge of misconduct---Dismissal/removal/termination of services of Bank employees after issuing them charge-sheet and holding inquiry--¬Service Tribunal set aside penalty and ordered reinstatement of employees in service with direction to Bank to hold fresh proceedings against them under Removal from Service (Special Powers) Ordinance, 2000---Supreme Court granted leave to appeal to examine as to whether Service Tribunal had failed to appreciate that there was no requirement under principle of natural justice that person who was given charge¬-sheet/statement of allegations, full opportunity of hearing in domestic enquiry and thereafter issued show-cause notice, would also be entitled to personal hearing before finally deciding matter under Removal from Service (Special Powers) Ordinance, 2000; whether Service Tribunal had erred in law by ordering reinstatement and holding de novo enquiry proceedings, when commission of acts of misconduct stood proved; whether orders of dismissal/removal/termination and prior to its suspension, charge-sheet, show-cause notice and proceedings before Enquiry Committee had been done and passed by incompetent authority and whether employees had not been given reasonable opportunity of hearing before final order of dismissal/removal/termination---Supreme Court directed the Bank to reinstate employees in the meanwhile in terms of impugned . Dawood Cotton Mills Ltd. v. Guftar Shah and others PLD 1981 SC 225; Sarfraz v. General Manager (Leaf) Pakistan Tobacco Company Ltd. and others 1988 SCMR 1352; Maqbool Elahi v. Province of Punjab and others 1997 PLC (C.S) 1146; WAPDA through Chairman v. Zulfiqar Ali 2002 PLC (C.S.) 128; Abdul Aziz Khan v. The Postmaster General, Southern Punjab 2000 PSC 1248 and Abdul Hafeez Abbasi and others v. Managing Director; Pakistan International Airlines Corporation and others 2002 SCMR 1034 ref. ORDER HAMID ALI MIRZA, J.---These are six civil petitions for leave to appeal directed against the common order dated 17-7-2003 in Appeals Nos. 93, 103 and 104(R)CE of 2003…
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