HABIB BANK LIMITED vs MEHBOOB RABBANI R — 2023 SCMR 1189 SUPREME-COURT

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HABIB BANK LIMITED VS MEHBOOB RABBANI R. 39---Contract Act (IX of 1872), S. 73---Bank employee---Wrongful dismissal---Suit for damages---Breach of employment contract by employer---Employee denied the right of an opportunity to defend himself and discriminated against---Effect---At no point did the Appellant-bank during cross-examination of the Respondent-employee ever try to rebut or deny the allegations made by him against the involvement of the General Management in the losses that had led to the initial preliminary inquiry and subsequent dismissal of the Respondent by the Appellant---In fact, the Appellant had agreed that it had allowed the General Manager, under whose instructions and supervision the Respondent worked, to resign as opposed to being dismissed from service---When the Respondent responded to the show-cause notice issued to him by the Appellant, he demanded a "full and complete" hearing before the Enquiry Committee---However, the Enquiry Committee constituted for probing the allegations against the Respondent dispensed with such requirement (under Rule 39 of the Habib Bank Limited (Staff) Service Rules, 1981) without giving any reason and proceeded to dismiss the services of the Respondent---Principle of audi alteram partem i.e. being granted a hearing before an adverse order is passed applies to employees who are to be dismissed from service since dismissal entails reputational as well as financial loss---Enquiry Committee by dispensing with the requirements of Rule 39 of the Habib Bank Limited (Staff) Service Rules, 1981 infringed the right of the Respondent to present oral evidence and cross-examine anyone who might have testified against him---Respondent was denied a fundamentally important right of an opportunity to defend himself---Furthermore, Respondent was discriminated against as admittedly the General Manager was the person who the Respondent reported to; under whose instructions the Respondent acted; and who admittedly appeared to be reason the branch of the Appellant faced colossal financial loss---Surprisingly, no civil proceedings were initiated by the Appellant against the General Manager and he was ultimately asked to resign from service whereas the Respondent was dismissed from service---Appellant had breached the Respondent's employment contract--- Appeal was dismissed.

HABIB BANK LIMITED vs MEHBOOB RABBANI R — 2023 SCMR 1189 SUPREME-COURT

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