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1995 SCMR 41

STATE BANK OF PAKISTAN vs Ch. MUHAMAMD AKHTAR and others

Citation1995 SCMR 41
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No, 263-L of 1994
Date1994-05-03
Judge(s)Manzoor Hussain Sial, Saad Saood Jan
ResultLeave granted

ORDER

' MANZOOR HUSSAIN SIAL, J.---The State Bank of Pakistan, Lahore, the petitioner herein, seeks leave to appeal against order dated 16-2-1994, passed by the Lahore High Court, in Writ Petition No,1745/1983.

2. Ch. Muhammad Akhtar, respondent was employed as Coin/Note Examiner in service of the petitioner. He was proceeded against departmentally on the allegation of misappropriation of notes valuing Rs,1,20,000. As a result of inquiry he was found guilty and dismissed from service on 23-5-1977. He lodged a grievance petition under section 25-A of the Industrial Relations Ordinance, 1969, which was dismissed on 7-6-1979, by the Punjab Labour Court. He preferred an appeal before the Labour Appellate Tribunal but the same was also dismissed on 28-2-1983. Aggrieved by the aforementioned order he invoked the Constitutional jurisdiction of the High Court through Writ Petition No, 1745/1983, which was accepted vide impugned order passed by a learned Single Judge of the Lahore High Court.

3. In support of this petition learned counsel for petitioner contended that the learned Single Judge after assuming jurisdiction not only set aside the orders of respondents Nos.2 and 3 but also directed the reinstatement of the respondent with all back benefits without considering the report of the inquiry officer. It was also contended that the question raised in this petition as to whether the employees of the petitioner are to be governed by the State Bank of Pakistan Staff Regulations and the Standing Orders or the Wage Commission Award, requires consideration.

4. After hearing learned counsel for petitioner we grant leave to consider, inter alia, whether the learned Single Judge of the High Court was right to declare the impugned orders of the respondents Nos.2 and 3 having been passed without lawful authority and further to direct reinstatement of the respondent in service and thereby substituting his own decision-for that of the competent authority in the matter.

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