INAYAT UR REHMAN vs NATIONAL BANK OF PAKISTAN art — 2026 PLC(CS) 65 PESHAWAR-HIGH-COURT

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INAYAT UR REHMAN VS NATIONAL BANK OF PAKISTAN art.199---Constitutional petition---Disciplinary proceedings, challenge to---Inquiry officer recommending exoneration on the ground that no charge stood proved---Department nevertheless imposing penalty of degradation in pay scale for a period of one year---Permissibility---Sanctity and binding effect of inquiry proceedings and the inquiry officer's findings---Scope---In presence of clear and favorable findings by the inquiry officer the department cannot proceed to punish the employee without any additional or independent justification, otherwise, it would undermine the principles of natural justice and fair inquiry---In such circumstances the disciplinary action taken against an employee would be arbitrary, unjustified and without lawful authority. art.199---National Bank of Pakistan Ordinance (XIX of 1949), Preamble---Disciplinary proceedings---allegation of misconduct---Employee of National Bank of Pakistan---Inquiry officer finding charge not proved and recommending exoneration---Department nevertheless imposing penalty of degradation in pay scale for one year---Permissibility and legality---Constitutional petition, filing of---Maintainability---Briefly, petitioner was appointed as a cash officer in the National Bank of Pakistan (the "bank")---He was issued a show-cause notice along with a charge-sheet by the bank---Through a memorandum he was downgraded by one step in his pay scale with immediate effect for a period of one year---aggrieved thereby, the petitioner approached the High Court through the present writ petition---Held: it was observed by the inquiry officer that the specific accusation concerning the approval of fourteen expense vouchers lacked tangible evidence---Crucially, the petitioner's alleged signatures on the questioned documents were neither subjected to forensic examination nor verified through any scientific or technical process, as such, there was no conclusive proof establishing the petitioner's complicity in the alleged misconduct---The inquiry officer further opined that the allegations were ambiguous, speculative, and fraught with doubt---Despite the inquiry's clear and favorable findings, the respondent bank authorities proceeded to punish the petitioner without any additional or independent justification, thereby undermining the principles of natural justice and fair inquiry---In these circumstances, and in the interest of justice, High Court was of the considered view that the disciplinary action taken against the petitioner employee was arbitrary, unjustified, and without lawful authority---Impugned order having been passed in contravention of due process and contrary to the findings of the inquiry officer was unsustainable in the eyes of law---Employee of NBP could maintain writ petition in relation to his grievance regarding service matters---Constitutional petition was allowed, in circumstances. art.199---Constitutional petition, filing of---Maintainability---Employees of National Bank of Pakistan (NBP)---Status and scope for the purpose of filing constitutional petition with regards to service matters---National Bank of Pakistan is a statutory body established under the National Bank of Pakistan Ordinance, 1949, and its employees are employees of a statutory corporation and thus fall within the purview of art. 199 (5) of the Constitution---National Bank of Pakistan being a statutory corporation is amenable to writ jurisdiction of the High court under art. 199 of the Constitution and also its employees can avail the recourse to the writ jurisdiction for the redressal of their grievances in respect of their service matters.

INAYAT UR REHMAN vs NATIONAL BANK OF PAKISTAN art — 2026 PLC(CS) 65 PESHAWAR-HIGH-COURT

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