NATIONAL BANK OF PAKISTAN through President, Karachi vs ROZ-UD-DIN art — 2025 SCMR 160 SUPREME-COURT

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NATIONAL BANK OF PAKISTAN through President, Karachi VS ROZ-UD-DIN art. 25---Employee of National Bank of Pakistan---allegations of omissions and irregularities regarding aTM cash feeding, maintenance and balancing---Penalty of dismissal from service reduced to down gradation by one step in pay scale---Other employees facing similar allegations awarded lesser punishment---Discrimination---In the impugned judgment, the High Court rightly held that under similar facts and circumstances as well as the same set of allegations and charges the other employees of the Bank were awarded lesser punishment by the Disciplinary Cases Committee of the Bank, and no reason whatsoever had been assigned to single out the respondent who had been awarded the major punishment of dismissal from service which amounted to clear discrimination---Nothing had been brought on record to show that respondent was directly responsible or had committed any gross misconduct or negligence in respect of the allegations as contained in the charge sheet/show cause notice, whereas, the guilt regarding allegations and charges in the instant case had been duly accepted through confessional statement by another employee of the bank i.e. the Branch Manager against whom a criminal case was also registered, however, such aspect had been totally ignored while awarding the major punishment of dismissal from service, which, on the face of it, was otherwise not commensurate with the magnitude of the guilt and the role assigned to respondent---Neither in the charge sheet nor in the proceedings before the Disciplinary Cases Committee there was any direct charge of misconduct, fraud, embezzlement of fraud or even the connivance of respondent with the offence committed by the Branch Manager who had accepted his guilt and entire responsibility, therefore, on the allegation of not complying with office circulars to handle the aTM cash feeding and allowing the Branch Manager, who was reportedly performing the said duty as joint custodian, major penalty of dismissal from service was not only harsh but also disproportionate to the allegations/charge besides being discriminatory---Impugned judgment of the High Court by which it modified the penalty of dismissal from service awarded to the respondent to down gradation by one step in his pay scale was upheld---Petition was dismissed and leave to appeal was refused.

NATIONAL BANK OF PAKISTAN through President, Karachi vs ROZ-UD-DIN art — 2025 SCMR 160 SUPREME-COURT

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