MUHAMMAD FAYAZ vs PRESIDENT, ZARAI TARAQIATI BANK, ISLAMABAD arts — 2023 PLC(CS) 650 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 PLC(CS) 650 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: PLC
Parties: MUHAMMAD FAYAZ vs PRESIDENT, ZARAI TARAQIATI BANK, ISLAMABAD arts
Subject matter: Constitutional

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

MUHAMMAD FAYAZ VS PRESIDENT, ZARAI TARAQIATI BANK, ISLAMABAD arts. 10a & 199---Constitutional petition---Natural justice, principle of---Due process of law---Right of fair trial---Petitioner was employee of Zarai Taraqiati Bank who was dismissed from service on the allegations of misconduct---Validity---Requirement of natural justice was that in any inquiry proceedings against a civil servant or an employee of public sector organization, when there was serious allegations of corruption and misconduct, not only the prosecution was to bring home all the charges but accused officer was to be given a fair opportunity to defend himself--- Petitioner should specifically knew what were the allegations against him---Court or Tribunal seized of the matter, where the employee had lodged his grievance against major penalty empowered by employer, was required to satisfy itself that allegations against the employee were not only established through confident inspiring evidence but employee was given fair opportunity to defend himself---Mere guesswork, surmise and conjuncture of employee regarding alleged misconduct of an employee was not to be upheld in absence of cogent evidence---Statement of allegations issued to petitioner was defective, as it did not specifically mention and refer to particular documents, according to which petitioner misappropriated amount in question---Inquiry proceeding was not conducted in fair manner---High Court set aside order of dismissal of petitioner from service as the same was based on alien considerations and he was reinstated in service---Constitutional petition was allowed, in circumstances.

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