Law:

Section:

(a) Service Tribunals Act (LXX of 1973)----Ss. 2-A & 4---Employee of Nationalized Institution---Privatization of such Institution during pendency of appeal by its employee before Service Tribunal---Effect---Such subsequent development would neither deprive such employee of his status as civil servant nor oust jurisdiction of Service Tribunal to proceed with pending appeal---Principles. Mere fact of privatization of Nationalized Institution by way of transfer/sale of its controlling share by the Federal Government to a private party would not be sufficient to oust the jurisdiction of the Service Tribunal to proceed with the case of an employee of such institution as at the time of filing of the appeal before the Tribunal he was a civil servant as provided by section 2-A of Service Tribunals Act, 1973 and a subsequent development would not deprive or strip such employee of his status as civil servant would have no adverse effect on the pending appeal. (b) First Information Report--- ----Registration of F.I.R. against a person---Effect---Mere allegation of commission of an offence and registration of F.I.R. against a person would not ipso facto make him guilty, rather he would be presumed to be innocent until convicted by a competent Court---Principles. Mere allegation of commission of an offence against a person and registration of F.I.R. in respect of a certain offence or more than one offence against such person would not ipso facto make him guilty of commission of such offence and he would continue to enjoy the presumption of innocence until convicted by a Court of competent jurisdiction after a proper trial with opportunity to defend himself on the allegations levelled against him. (c) Habib Bank Limited (Staff) Service Rules, 1981--- ----R. 15---Termination of service in lieu of pay for notice period---Senior Executive Vice-President---Non-performance of duties by employee due to his arrest in a criminal case---Imposition of such penalty by Authority for having lost faith and confidence in employee and for not keeping such post vacant for indefinite period-Validity-Mere registration of criminal case against employee would not ipso facto make him guilty…

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