Citation Name: 2023 PLC(CS)N 47 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ZAHOOR AHMED MENGAL vs NATIONA

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Citation Name: 2023 PLC(CS)N 47 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ZAHOOR AHMED MENGAL VS NATIONAL BANK OF PAKISTAN arts. 4, 10-a & 199---Constitutional petition---Termination from service---Right of individuals to be dealt in accordance with law---Right to fair trial---Reinstatement with back benefits---Non-issuance of show cause notice---Failure to provide opportunity of hearing---Scope---Petitioner being an employee of respondent/Bank was performing his duties when he was transferred to another branch---Petitioner showed his inability to attend the office due to tribal enmity and eminent threat to his life, as such, filed several applications for grant of leave---Manager of the transferee branch through an 'absence Notice' informed the petitioner that the competent authority had disregarded his leave applications and directed him to attend the office within three days---Petitioner belatedly joined his duty, filed an application for grant of leave, joining report was accepted, his application for grant of leave was forwarded to the head office with the recommendation that the leave period be treated as leave without pay, however, vide impugned memorandum, the services of the petitioner were terminated on account of unauthorized absence and the period of his absence was treated as leave without pay---Held; period of absence was already condoned and his joining report was accepted by issuing a stern warning to the petitioner, therefore, no ground was available with the Bank to terminate the petitioner---Neither any show-cause notice was issued to the petitioner nor any opportunity of hearing was afforded to him before passing the impugned office memorandum---Entire record was silent in respect of any inquiry conducted against the petitioner---Termination order and the order whereby departmental appeal was dismissed were set aside, in circumstances---Bank was directed to reinstate the petitioner into his service with all back benefits from the date of his dismissal---Constitutional petition was disposed of accordingly.

Citation Name: 2023 PLC(CS)N 47 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ZAHOOR AHMED MENGAL vs NATIONAL BANK OF PAKISTAN arts — 2023 PLC(CS)N 47 QUETTA-HIGH-COURT-BALOCHISTAN

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