Law:

Section:

Rules Governing the Service of Employees of Habib Bank Limited----R. 37---Service Tribunals Act (LXX of 1973), Ss.2-A & 4---Constitution of Pakistan (1973), Art.212(3)---Dismissal from service---Misconduct---Misappropriation of accounts---Departmental and criminal proceedings---Scope---Acquittal from Criminal Court---Petitioner being bank employee, on the charge of withdrawal of amounts from different accounts fictitiously was dismissed from service---Appeal before Service Tribunal was also dismissed---Plea raised by the petitioner was that he had been acquitted by Criminal Court from the criminal case registered against him on the same allegation---Validity---Such acquittals did not give to a delinquent clean certificate absolving him from departmental proceedings---Both the proceedings were conducted respecting the case registered against the delinquent while departmental proceedings were regarding the charges of malversation and misconduct---Both the proceedings could go side by side as their nature was totally different---Penalty imposed on a civil servant as a consequence of departmental proceedings under Efficiency and Discipline Rules, after the accused officer had been acquitted of a criminal charge, was not barred---Competent authority was empowered to impose upon an employee of bank major penalty of dismissal from service under R.37 of Rules Governing the Service of Employees of Habib Bank Limited, if the employees was found guilty---Supreme Court declined to interfere with the passed by Service Tribunal---Leave to appeal was refused. Inspector-General of Police, Punjab, Lahore and others v. Muhammad Tariq 2001 SCMR 789 ref. JUDGMENT ABDUL HAMEED DOGAR, J.--- By this common judgment, we propose to dispose of Civil Petitions Nos.74 and 75 of 2002 as they arise out of judgment, dated 24-11-2001 passed by the Federal Service Tribunal, Islamabad (hereinafter called as "the Tribunal) whereby Appeal No.1886(R) of 1999 and 117(R)(CE) of 2000 filed by the petitioner were dismissed. It is against the above said judgment, the petitioner seeks leave to appeal. 2. The relevant facts for the disposal of the instant petitions are that the petitioner joined the…

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