Syed MAHMOOD JAFFAR ZAIDI vs FEDERATION OF PAKISTAN through Secretary Finance Division, Islamabad Change in su

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Syed MAHMOOD JAFFAR ZAIDI VS FEDERATION OF PAKISTAN through Secretary Finance Division, Islamabad Change in substantive law---Retrospective effect---Scope---Changes in substantive law, which divest or adversely impact vested rights, must be applied prospectively unless the legislature explicitly indicates retrospective applicability. R. 36(c)---Constitution of Pakistan, Art. 199---Employment---Constitutional petition---Maintainability---Rules governing the service of employees of National Bank of Pakistan (NBP)---Whether statutory or non-statutory---Determination---Laches---Petitioner being aggrieved of his demotion to a lower grade without specifying any period sought reinstatement to his original position---Respondent-Bank pleaded non-maintainability of the constitutional petition on the counts of laches and non-statutory Rules of National Bank of Pakistan---Validity---Petitioner had impugned memorandums of his demotion and dismissal of his departmental appeal decided on merits without being time barred---Computation of time relevant to the doctrine of laches would commence from the date of the later memorandum---Constitutional petition was filed a mere 18 days subsequent to memorandum of dismissal of appeal of the petitioner, thus, constitutional petition was not hit by laches---National Bank of Pakistan (Staff) Service Rules, 1973, were held to be statutory---Departmental proceedings were initiated against the petitioner in the year 2011, which were culminated upon passing of his demotion order in the year 2013, thus, Rules of 1973 being statutory applied to the petitioner's case, meaning thereby that NBP, as a statutory corporation, was subject to the writ jurisdiction of High Court under Art. 199 of the Constitution---Findings recorded by the Inquiry Officer, predicated on substantial evidence and an exhaustive examination of the case, were immune from interference in exercise of constitutional jurisdiction---Interference in such findings would egregiously undermine the integrity of the administrative process and the inviolable principle of finality of administrative decisions---It is imperative that the judiciary respects the meticulously established processes to handle such inquiries, except where there is compelling evidence of procedural impropriety or a palpable violation of fundamental rights---Punitive measures, including demotions, must not be of an indefinite duration, thus, impugned memorandums were modified to the extent that the punitive measure of degradation to a lower stage/grade was specified to be an effective for two years from the date of initial memorandum---Constitutional petition was disposed of, in circumstances.

Syed MAHMOOD JAFFAR ZAIDI vs FEDERATION OF PAKISTAN through Secretary Finance Division, Islamabad Change in substantive law — 2025 PLC(CS) 815 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2025 PLC