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Ms. IFFAT NAWAZ vs THE BANK OF KHYBER through Managing Director S — 2025 PLC 141 ISLAMABAD

Case information

Citation
2025 PLC 141 ISLAMABAD
Court
Islamabad High Court
Year
2025
Reporter
PLC
Parties
Ms. IFFAT NAWAZ vs THE BANK OF KHYBER through Managing Director S
Subject matter
Criminal

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

Ms. IFFAT NAWAZ VS THE BANK OF KHYBER through Managing Director S.O. 15(3)(i)---Expression "negligence or neglect act"---Meaning and scope---Words "negligence or neglect of work" in S.O. 15(3)(i) are not used in a disjunctive sense---Firstly, neglect of work is also a kind of negligence and being of a lesser kind would be covered by it, which has a broader meaning---Secondly, it is a well recognized principle of law that to carry out the intention of the Legislature, it is occasionally found necessary to use the conjunction "or" and "and" one for the other---Since the sub-clause in question is penal, it should be construed favourable to the employees---Neglect of work mentioned in this subsection must be of a habitual nature---One single instance of sleeping while on duty cannot be termed as habitual negligence or neglect of work so as to bring it within the mischief of the S.O. 15(3)(i).

Other judgments reported in 2025 PLC

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