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1989 SCMR 1481

Syed MASHHOOD ASHRAF vs Agha YOUSAF AHMAD KHAN and others

Citation1989 SCMR 1481
CourtSupreme Court of Pakistan
Case No.Civil Petition No,889 of 1983
Date1988-08-07
Judge(s)Ali Hussain Qazilbash, Saad Saood Jan
ResultPetition dismissed

ORDER

' ALI HUSSAIN QAZILBASH, J.--This is a petition for leave to appeal against the order of a learned Division Bench of the Lahore High Court, dated 28-3-1983.

2. The petitioner was appointed as Grade III Officer in the Muslim Commercial Bank Limited and in the course of service he was promoted to Grade II Officer. On 10th May, 1981 the petitioner was charged-sheeted for irregularities which was replied to but instead the petitioner was served with supplementary charge-sheet. A reply to this was also given, in response to which the petitioner was directed to arrange adjustment of house building loan amounting to Rs,75,420 which was accordingly done and the petitioner also submitted his resignation. The Bank instead of accepting the resignation of the petitioner, vide its letter, dated 21-10-1981, informed the petitioner that he was being treated as absent from duty and that he had been charge-sheeted accordingly. In reply to the above the petitioner informed the Bank authorities that since he had tendered his resignation from 25-8-1981, the petitioner's relationship of any kind whatsoever with the Bank stood severed and appended alongwith his letter pay order for Rs,4,530 against the sum in lieu of notice period.

3. Against the charge-sheet the petitioner personally appeared on 30-10-1982 before the Inquiry Officer who was informed of the severance of his relationship with the Bank and was called upon to drop the inquiry forthwith as being without jurisdiction but the Inquiry Officer proceeded with the matter. The above proceeding was challenged through a writ petition which was dismissed on 15- 3-1983 and his Intra-Court Appeal met the same fate on 28-3-1983.

4. We have heard the learned counsel for the petitioner. His objection that after resignation the Inquiry Officer had no jurisdiction to proceed with the matter has been squarely dealt with by the learned Judges of the High Court and no reasons exist for us to come to a different conclusion.

Mere resignation from service would not absolve the petitioner of irregularities committed by him during his service with the Bank.

5. Thus finding no force in this petition, the same is dismissed.

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