ADAM KHAN vs BANK OF PUNJAB Ss — 2023 PLC(CS) 85 PESHAWAR-HIGH-COURT

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ADAM KHAN VS BANK OF PUNJAB Ss.7 & 11---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Government of Punjab under S.7 of Bank of Punjab Act, 1989 holds 51% shares out of 100 % shares---President of the Bank is appointed under S.11 of Bank of Punjab Act, 1989 by Government of Punjab---Bank of Punjab falls under the definition of a "person" as per the provisions of Art.199(1)(a) of the Constitution and as such is amenable to Constitutional jurisdiction of High Court. Ss.7 & 11---Constitution of Pakistan, Arts. 17 & 199---Constitutional petition---Right of association---Termination from service---Principle of natural justice---Applicability---Territorial jurisdiction of High Court---Principle---Petitioner was employee of Bank of Punjab who was terminated from service for forming an Association of Bank officials---Bank assailed territorial jurisdiction of High Court---Validity---Petitioner was permanent resident of place "M" while the Bank was also based at place "M"---High Court under the provisions of Civil Procedure Code had jurisdiction to entertain constitutional petition even otherwise---Petitioner did not ask for enforcing any right under statutory / non-statutory rules, rather had asked for enforcement of fundamental rights secured and guaranteed under the Constitution---Order of termination of petitioner suffered from patent perversity---Even if allegation made against petitioner was taken as proved, the same did not amount to misconduct so as to attract penalty of termination imposed upon him---Right to form an association was protected under Art.17 of the Constitution---Once the Bank after complying with codal formalities, appointed petitioner, then it could not take a somersault and terminate him on trifling grounds---High Court set aside termination order as the same was in violation of principle of natural justice---Constitutional petition was allowed, in circumstances.

ADAM KHAN vs BANK OF PUNJAB Ss — 2023 PLC(CS) 85 PESHAWAR-HIGH-COURT

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