Pakistan Case Law← Search
2015 PLC (C.S.) 1293

NASEER PERVAZ QURESHI vs BOARD OF DIRECTORS, ZTBL, through Company

Citation2015 PLC (C.S.) 1293
CourtIslamabad High Court
Judge(s)Shaukat Aziz Siddiqui
ResultCase remanded

' SHAUKAT AZIZ SIDDIQUI, J.--- With this single order, I intend to decide the above referred writ petitions as the petitioners have challenged the show-cause notice dated 17-12-2009, charge sheet dated 31-5-2010 and 24-6-2010 along with the letter dated 10-4-2013 issued by the respondents.

2. Precisely, the facts are that the petitioner was appointed as an Executive Vice-President in respondent Bank on 2-8-2007; that respondents issued show-cause notice to the petitioners on 17- 12-2009, on the allegation that the petitioner had failed to process encashment of bank guarantee before its expiry which caused loss of US $ 51396 to the respondent bank etc. That petitioners responded to the show-cause notice but the respondent issued charge sheet dated 31-5-2010, alleging that the petitioner proceeded abroad on 8-5-2009 without obtaining Ex-Pakistan leave and without approval of authority. That the respondents issued another charge sheet on 24-6-2010 to the petitioner and in the meantime respondent transferred the petitioner to Nawab Shah Sindh and the petitioner filed the representation for the withdrawal of said posting and ultimately the petitioner submitted his resignation in the year 2011 but the respondent did not accept the same.

That on 9-6-2011 another show- cause notice was issued to petitioner that why the major penalty of dismissal should not be imposed upon him. That the petitioner submitted repeated representations to the Board of Directors but the respondent did not pay heed. Petitioner has further alleged that the respondent constituted a parallel inquiry committee consisting of Ch. Imtiaz Ahmed and Razia Begum, respondents Nos.2 and 3 in Writ Petition No,1656/2013, which is illegal and void ab initio.

3. Respondents filed parawise comments and denied the allegation of petitioner maintaining that the terms and conditions of the service of petitioner are governed under ZTBL Staff Service Regulations, 2005; that petitioner had raised factual controversies which are beyond the scope of Writ jurisdiction of this court and the Writ petition is liable to be dismissed.

' Arguments heard, record perused.

4. The bare perusal of the contents of both these petitions reveals that the resolution of disputes narrated by the petitioner, the petitioner demands extensive inquiry, collection and appraisal of evidence, which is beyond the scope of jurisdiction conferred under Article 199 of the Constitution of Islamic Republic of Pakistan. As per the contents of the writ petition, the first show-cause notice was issued to the petitioner on, 17-12-2009 whereby he was directed to explain the loss caused to the respondent bank on account of his negligence. Admittedly the petitioner submitted the reply to said show-cause notice and undoubtedly, it is not the job of this court to indulge in the controversy of veracity of the allegations of the respondents or the explanation of the petitioner. In the charge sheet dated 31-5-2010 the allegation is that the petitioner had proceeded abroad without the approval of authority and the fact that whether the petitioner had actually proceeded abroad without the permission of authority is a factual controversy.

5. Petitioner has also impugned the letter dated 10-4-2013 through Writ Petition No,1656 whereby the respondents bank had appointed respondents Nos.2 and 3 as inquiry committee but the said committee is prima facie established to consider the allegation against the petitioner, after providing the opportunity of hearing. Without further touching the merits and demerits of the allegations of the respondent and the version of petitioner, it is observed that, to be treated in accordance with law, rules and regulations is the inalienable right of every citizen of Pakistan. The respondent bank is under the legal obligation to consider the representation of petitioner in accordance with the concerned regulations governing the subject. In view of above discussion, these writ petitions are hereby disposed of with the direction to the respondents to consider the representation of petitioner under ZTBL Staff Service Regulations, 2005 and to pass the orders thereupon within 15 days from today .

Cited by 1 case

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search