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Sardar IMDAD HUSSAIN GORCHANI vs The PRESIDENT NATIONAL BANK OF PAKISTAN R — 2024 PLC(CS) 203 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PLC(CS) 203 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PLC
Parties
Sardar IMDAD HUSSAIN GORCHANI vs The PRESIDENT NATIONAL BANK OF PAKISTAN R
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

Sardar IMDAD HUSSAIN GORCHANI VS The PRESIDENT NATIONAL BANK OF PAKISTAN R.9(3)---absence from service---Extra ordinary leave, grant of---Dismissal from service---Regular inquiry, non-conducting of---Effect---Petitioner was employee of respondent / bank who remained absent from duty without leave, resultantly he was dismissed from service without conducting regular inquiry---Validity---Dispensing with regular inquiry and awarding two punishments i.e. down grading and major penalty of dismissal from service should not have been imposed upon petitioner at the same time, when charges were denied by petitioner---Principle of natural justice demanded that petitioner should have been heard on the allegations levelled against him---Respondent / bank had chosen not to conduct regular inquiry and simply relied upon purported admission of petitioner which was not called for in the circumstances---Order of termination from service and subsequent appellate order issued by respondent / bank were not sustainable under the law as inquiry about allegations of unauthorized absence from duty was not held under the procedure laid down under Service Regulations of respondent / bank---Petitioner had 453 days frozen leave balance in his credit as per leave record certificate and he should have been sent to Leave Preparatory to Retirement (LPR)---High Court directed respondent / bank to issue retirement order and award pensionary benefits to petitioner by setting aside dismissal order---Constitutional petition was allowed accordingly.

Other judgments reported in 2024 PLC

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