| Citation(s) |
|---|
| 2008 SLG 1879 2008 SLD 1879 2008 SCMR 1525 |
Supreme Court of Pakistan
Civil Petitions Nos.1859 and 2617 of 2003, decision dated: 22-09-2005.(On appeal from judgment, dated 2-7-2003 of the Lahore High Court, Rawalpindi passed in Writ Petition No.679 of 2002)
RANA BHAGWANDAS, ABDUL HAMEED DOGAR AND FAQIR MUHAMMAD KHOKHAR, JJ
Shahid Anwar Bajwa, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Petitioner (in Civil Petition No. 1859 of 2003).
Respondent in person (in Civil Petition No. 1859 of 2003). Petitioner in person (in Civil Petition No. 2617 of 2003). Shah
Civil Petitions Nos.1859 and 2617 of 2003, decision dated: 22-09-2005.(On appeal from judgment, dated 2-7-2003 of the Lahore High Court, Rawalpindi passed in Writ Petition No.679 of 2002)
RANA BHAGWANDAS, ABDUL HAMEED DOGAR AND FAQIR MUHAMMAD KHOKHAR, JJ
Shahid Anwar Bajwa, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Petitioner (in Civil Petition No. 1859 of 2003).
Respondent in person (in Civil Petition No. 1859 of 2003). Petitioner in person (in Civil Petition No. 2617 of 2003). Shah
ALLIED BANK OF PAKISTAN LTD.
VS
Syed NASIR ABBAS NAQVI and others
Law:
Section:
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----S. 7---Industrial Relations Ordinance (XXIII of 1969), S.25-A---Constitution of Pakistan (1973), Arts.185(3) & 199---Constitutional petition---Dismissal from service---Dismissal of grievance petition and appeal by Labour Court and Appellate Tribunal respectively---High Court, in constitutional jurisdiction, directed reinstatement of employee after substituting penalty of dismissal from service to withholding of two increments---Validity---Supreme Court granted leave to appeal to examine, inter alia, question of jurisdiction of High Court in matter of alteration of penalty in its writ jurisdiction. Pakistan Tobacco Company v. Channa Khan 1980 PLC 981 and Brig. (Retd.) F.B. Ali v. The State PLD 1975 SC 506 ref. ORDER RANA BHAGWANDAS, J.--- Both the petitions arise out of common judgment of the Lahore High Court, dated 2-7-2003, substituting penalty of dismissal from service to withholding of two increments and directing reinstatement of Syed Nasir Abbas Naqvi in the employment of Allied Bank of Pakistan. 2. Precise facts appear to be that petitioner Syed Nasir Abbas Naqvi was serving as Officer Grade-III in the Allied Bank of Pakistan Limited. He was proceeded against on the charge of misconduct for getting certain questions answered in "Accountancy paper" of Banker's Diploma Examination held in summer 1999 by the Institute of Bankers for acquiring higher professional qualification. He defended disciplinary proceedings but was found to be guilty of misconduct and dismissed from service vide order, dated 19-10-1999. 3. In the first instance petitioner filed a service appeal before the Federal Service Tribunal which was rejected with the observations that Federal Government did not own or possess controlling shares in the Allied Bank of Pakistan, therefore, the Tribunal would have no jurisdiction to entertain the appeal against the penalty. Petitioner, therefore, invoked jurisdiction of Punjab Labour Court, Lahore. His grievance petition was hotly contested but ultimately allowed and reinstatement ordered. The employer-Bank challenged the reinstatement order…
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