UNITED BANK LIMITED vs Mian ASLAM JAVED arts — 2023 CLD 121 LAHORE-HIGH-COURT-LAHORE

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UNITED BANK LIMITED VS Mian ASLAM JAVED arts. 41 & 199---Constitutional petition---President of Pakistan, orders of---Implementation---Petitioner Bank was aggrieved of direction issued by State Bank of Pakistan---Directions were made on the basis of order issued by the President of Pakistan---Validity---Petitioner was pressured to grant a large scale rise in pension and to pay arrears to a considerable number of ex-employees which would necessarily mean a huge financial burden on petitioner---Without resting on any specific provision of law, which obliged petitioner to do so, State Bank of Pakistan had passed an order merely on the assumption that supreme executive authority of the country (The President of Pakistan) had directed to do so---Such was complete abdication of the powers by the official who was oblivious of statutory regime under which State Bank of Pakistan acted as a regulator and must act under the mandate of law to issue such directions---any orders by the President of Pakistan in such matters was without lawful authority and could be accepted or implemented without demur by petitioner on the orders of State Bank of Pakistan---Source from which the issue emanated was a representation before the President which was in fact dismissed---Representation was filed by another Bank and petitioner was not party in those proceedings---Decision in that representation could not be made basis for passing general orders on the part of the President of Pakistan to Finance Division, who without dilating upon merits of directions proceeded to act as a post office to issue direction to State Bank of Pakistan---State Bank of Pakistan, in turn, too acted irrationally and without regard to its own statutory powers---High Court set aside order passed by State Bank of Pakistan as the same was ultra vires and of no legal effect---Petition was allowed, in circumstances.

UNITED BANK LIMITED vs Mian ASLAM JAVED arts — 2023 CLD 121 LAHORE-HIGH-COURT-LAHORE

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