HAIDER ALI vs The MANAGING DIRECTOR, BANK OF KHYBER Ss — 2021 PLC(CS)N 4 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 PLC(CS)N 4 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: PLC
Parties: HAIDER ALI vs The MANAGING DIRECTOR, BANK OF KHYBER Ss
Subject matter: Service
Provisions referred to: S. 24; Khyber Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

HAIDER ALI VS The MANAGING DIRECTOR, BANK OF KHYBER Ss.4, 8, 10, 11, 12 & 24---Bank of Khyber Employees Service Rules, 2012---Constitutional petition against Bank of Khyber---Maintainability---Terms and conditions of service of employees of Bank of Khyber---Scope---Board of Directors of the Bank had approved the Bank of Khyber Employees Service Rules, 2012---Section 24 of Bank of Khyber Act, 1991, did empower Board of Directors to make bye-laws not inconsistent with Bank of Khyber Act, 1991---Dominant control and management under Bank of Khyber Act, 1991, did vest in the Government---Majority of Board of Directors were to be appointed by the Government---Superintendence and directions of the affairs and the business of the Bank had been entrusted and vested in the Board of Directors---Chief Executive of the Bank was also to be appointed by the Government---Powers of making rules had been exclusively conferred upon Board of Directors and said powers were not subject to approval of Federal Government or any other authority---Section 24 of Bank of Khyber Act, 1991 and rules framed thereunder did not deal with instructions of internal control or management but were broader in spare and complementary to the parent statute in matters of crucial importance enumerated in S.24 of the Act, 1991---Bank of Khyber was a body corporate having perpetual succession and a common seal and should by the name sue and be sued---High Court could examine the acts of the Bank authorities in its constitutional jurisdiction---Bank of Khyber was a statutory body having statutory rules and was amenable to writ jurisdiction of High Court.

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