Mst. SHAHIDA SIDDIQA vs ALLIED BANK LIMITED S — 2024 PLC 74 SUPREME-COURT

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Mst. SHAHIDA SIDDIQA VS ALLIED BANK LIMITED S. 47(3)---Employee of a private bank---Allegation of negligence and carelessness in performing duties---Demotion to a lower grade with entitlement to all back benefits---Respondent Bank imposed a major penalty on the appellant (employee) and dismissed her from service---Labour Court reinstated her in the Bank's service albeit with a lower Grade, and declined to award her any back benefits---Appellate Tribunal, upheld the order of the Labour Court---However, the High Court modified the penalty to compulsory retirement---Validity---Main allegation against the appellant was that she had been negligent in performing her duties by disclosing a secret code to her former Bank Manager, who defrauded the Bank and misappropriated hefty amounts---Impugned Judgment of the High Court appeared to be self-contradictory as the High Court had first observed that the appellant had an unblemished past career, spanning over 28 years, and that her dismissal from service would be a harsh punishment; and yet, the High Court found it appropriate to then observe that the appellant be compulsory retired from service---Such observations of the High Court in fact defeat the ends of justice rather than fostering the same, as awarding compulsory retirement would be equivalent to meting out harsh treatment to her---Given the fact that the Labour Court and the Appellate Tribunal found the appellant negligent of not properly keeping the secret code but did not see any merit in the allegations of embezzlement, the imposition of a major penalty of compulsory retirement from service would definitely be harsh---Appeal was partly allowed, impugned judgment of the High Court was set-aside, and judgments of the Labour Court and Appellate Tribunal were upheld to the extent of the demotion to a lower grade; with the modification that the appellant will be entitled to all back benefits as available to a Grade-III Officer, from the date of her dismissal to the date of her retirement, and she will also be entitled to all the pensionary benefits as available to the said Grade Officer. Citation Name: 2024 PLC 74 SUPREME-COURTBookmark this Case Mst. SHAHIDA SIDDIQA VS ALLIED BANK LIMITED Penalty imposed on employee---Proportionality---Penalty should be proportionate to the guilt---Modern notion of proportionality requires that the punishment ought to reflect the degree of moral culpability associated with the offence for which it is imposed.

Mst. SHAHIDA SIDDIQA vs ALLIED BANK LIMITED S — 2024 PLC 74 SUPREME-COURT

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