MCB BANK LIMITED vs FEDERATION OF PAKISTAN through Director (Legal) President's Secretariat, Aiwan-e-Sadar, Islamabad Ss — 2023 CLD 333 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLD 333 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLD
Parties: MCB BANK LIMITED vs FEDERATION OF PAKISTAN through Director (Legal) President's Secretariat, Aiwan-e-Sadar, Islamabad Ss
Subject matter: Service
Provisions referred to: S. 9---M

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

MCB BANK LIMITED VS FEDERATION OF PAKISTAN through Director (Legal) President's Secretariat, Aiwan-e-Sadar, Islamabad Ss. 82-a, 82-B, 82-D, 82-E & 82-F---Federal Ombudsmen Institutional Reforms act (XIV of 2013), S. 9---Mal-administration---Proof---Valuables missing from locker---Non-holding of departmental inquiry---Petitioner Bank was aggrieved of order passed by appellate authority directing to make good the loss---Validity---Relationship of Bank and its customer was based on trust on the basis of which respondent complainant had put her valuable articles i.e. gold ornaments in locker---When respondent complainant informed petitioner Bank about missing of her valuable articles from locker, petitioner Bank instead of making its best efforts to redress her grievance, not only declined her application but also went one step further and contested her case before authorities---High Court did not appreciate conduct of petitioner Bank---Public opt to put their valuable articles in Bank lockers for security purpose and if their articles are misplaced from there and banks do not redress their grievance in such case of loss, the very foundation of banking system would collapse---Banking Mohtasib did not consider all material facts while dismissing her complaint whereas appellate authority rightly allowed representation of respondent complainant and directed petitioner-bank to compensate her as per instruction of State Bank of Pakistan contained in Circular No.5 dated 05-06-2007---Petitioner Bank failed to point out any illegality or material irregularity in order passed by appellate authority nor there was any jurisdictional defect---Constitutional petition was dismissed in circumstances.

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