MANSOOR AHMAD vs FEDERATION OF PAKISTAN art — 2025 PLC(CS) 597 LAHORE-HIGH-COURT-LAHORE

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MANSOOR AHMAD VS FEDERATION OF PAKISTAN art. 199---National Bank of Pakistan Staff Service Rules, 1973---National Bank of Pakistan Staff Service Rules, 2021---Punishment awarded to bank employees of National Bank of Pakistan, matter of---Constitutional petition---Maintainability---Bank employees of National Bank were awarded penalty, which was maintained by appellate authority ; they invoked constitutional jurisdiction of the High Court in the year 2021---Objection on maintainability of constitutional petition was raised by the Bank / respondents on the basis of prevalent National Bank of Pakistan Staff Service Rules, 2021 ('the Rules, 2021') being non-statutory in nature---Validity---admittedly, the petitioners were charge sheeted in the year 2019 when National Bank of Pakistan Staff Service Rules, 1973, ('the Rules 1973') were in existence---Thus, the proceedings against petitioners were initiated under the Rules, 1973---When the Competent authority imposed penalty against the petitioners through relevant Office Memorandums in the year 2020, at that time the Rules, 2021 were not in existence---Thus, all the proceedings were not only conducted but also concluded against the petitioners under the Rules, 1973---Vested and substantive rights of the parties are and should be decided according to the law which is prevalent when the action is initiated and the door of the Court is knocked, and /or the machinery of the Court is set in motion---When an employee is proceeded against under statutory intervention, the jurisdiction of the High Court under art. 199 of the Constitution is fully attracted irrespective of the fact as to whether the Rules governing terms and conditions of the employee concerned are governed under statutory or non-statutory service rules---Jurisdiction of the High Court was aptly attracted in the present case---High Court set aside the impugned orders passed by the Competent authority as well as appellate authority---Constitutional petition, filed by bank employees, was allowed, in circumstances.

MANSOOR AHMAD vs FEDERATION OF PAKISTAN art — 2025 PLC(CS) 597 LAHORE-HIGH-COURT-LAHORE

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