MANSOOR AHMAD vs FEDERATION OF PAKISTAN Bank employees of National Bank of Pakistan

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MANSOOR AHMAD VS FEDERATION OF PAKISTAN Bank employees of National Bank of Pakistan---Punishment, award of---Supervisory role of the accused---Scope and effect---Petitioners (Bank employees of National Bank) were awarded penalty of demotion to next lower grade debarring them from holding supervisory position for three years, which penalty was maintained by Appellate Authority---Argument of the Respondent/Bank was that if the petitioners were not associated with the alleged scam, even then they being negligent in performance of their supervisory duties were rightly demoted by the Competent Authority---Validity---Record revealed that that the alleged scam took place in the Foreign Exchange Department of a Branch of the Respondents / Bank whereas none of the petitioners was posted in the said department; thus, issuance of charge sheet to them without specifying their role with reference to alleged seam was unjustified---When the supervisory officer fails to perform his/her duties diligently to supervise his/her subordinates the allegation of negligence can be attributed---Petitioners were neither immediate authorities nor supervisory authorities of master mind of the scam (the then Vice President, Foreign Exchange Department), thus, the initiation of the proceedings against them was nothing but to make them scapegoat for the misdeeds of somebody else---The otherwise record (Annual Performance appraisal etc.) showed satisfactory performance of the petitioners, who had a decade of service to their credit, and they could not be considered as inefficient or negligent towards performance of their duties---When the involvement of an employee is not established in respect of an incident which is used as an edifice to trigger the departmental proceedings, the proceedings from its inception would be a nullity in the eyes of law and such approach cannot be left un-noticed rather deserves to be deprecated with full vigor---Neither the Competent Authority nor the Appellate Authority had referred to any material connecting them with the commission of the scam in any capacity whatsoever---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 Bank employees of National Bank of Pakistan — 2025 PLC(CS) 597 LAHORE-HIGH-COURT-LAHORE

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