REGIONAL OPERATION CHIEF, NATIONAL BANK OF PAKISTAN, HUMAN RESOURCE DEPARTMENT, REGIONAL OFFICE, SARGODHA vs M

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REGIONAL OPERATION CHIEF, NATIONAL BANK OF PAKISTAN, HUMAN RESOURCE DEPARTMENT, REGIONAL OFFICE, SARGODHA VS Mst. NUSRAT PERVEEN S. 4---Constitution of Pakistan, Arts. 4, 10, 14, 23 & 24---Appeal filed by a civil servant in the Federal Service Tribunal ("Tribunal")---Question as to whether such an appeal would abate on death of civil servant or his legal heirs could pursue the same---Held, that abatement of proceedings on the death of a civil servant, in a case, where the cause of action carried a survivable interest would unduly deprive the deceased civil servant, as well as, his legal heirs of their constitutional rights to livelihood, property, dignity and fair trial---Other than pecuniary and pensionary benefits that inured to the benefit of the legal heirs (of a civil servant), the right to restore one's reputation was also a survivable right and flowed down to the legal heirs to pursue and take to its logical conclusion. Citation Name: 2021 PLC(CS) 697 SUPREME-COURTBookmark this Case REGIONAL OPERATION CHIEF, NATIONAL BANK OF PAKISTAN, HUMAN RESOURCE DEPARTMENT, REGIONAL OFFICE, SARGODHA VS Mst. NUSRAT PERVEEN Pt. II, Chapt. 1---Fundamental Rights under the Constitution---Scope---Such rights did not only protect and safeguard a citizen but extended beyond his life and protected and safeguarded his survivable interests by being equally available to his legal heirs. Citation Name: 2021 PLC(CS) 697 SUPREME-COURTBookmark this Case REGIONAL OPERATION CHIEF, NATIONAL BANK OF PAKISTAN, HUMAN RESOURCE DEPARTMENT, REGIONAL OFFICE, SARGODHA VS Mst. NUSRAT PERVEEN S. 5---Civil Procedure Code (V of 1908), Preamble---Proceedings before the Service Tribunal---Civil Procedure Code, 1908, applicability of---Scope---Notwithstanding that C.P.C. was not as a whole strictly applicable to the proceedings before the Tribunal, the Tribunal was bound to follow the basic norms of justice---Provisions of C.P.C. may not stricto sensu apply in proceedings under a special law yet its equitable principles would always be applicable in order to do complete justice between the parties and meet the ends of justice.

REGIONAL OPERATION CHIEF, NATIONAL BANK OF PAKISTAN, HUMAN RESOURCE DEPARTMENT, REGIONAL OFFICE, SARGODHA vs Mst — 2021 PLC(CS) 697 SUPREME-COURT

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