DECISION ' This appeal filed by the National Bank of Pakistan arises from the order of the Vth Sindh Labour Court, Karachi whereby the grievance petition of Head Cashier for reinstatement in service was allowed with full back benefits.
2. The facts, in brief, are that respondent Ch. Ehsanul Haq was working as Head Cashier in National Bank of Pakistan, Garden Road Branch, Karachi. On receiving complaint in respect of payment of gas bills received at the counter the respondent was served with two Memos. One from the Manager, dated 9-4-1986 and the other from the Executive Vice-President dated May 27, 1986. It was stated in these Memoranda that according to the Report from the Southern Gas Company Limited the gas bills received at the counter had been remitted to the link Branch after lapse of weeks or even months as per the following details:
(1) Bill No, 12/9125/0/5 for Rs,2,178 payment received on 22-2-1986 but remitted on 1-3-1986.
(2) Bill No, 36/9003/0/4 for Rs, 4,190 paid on 22-2-1986 but payment remitted on 4-3-1986.
(3) Bill No, 13/9070/0/9 for Rs, 3,857 payment received on 23-2-1986 but remitted on 10-3-1986.
(4) Bill No 12/9158/0/5 for Rs, 2,435 payment received on 20-7-1985 but remitted on 13-2-1986.
' In the other Memo. From the EVP these irregularities were communicated to respondent Ch. Ahsanul Haq for imposing penalty under the Banks Rules. The respondent in his reply stated that due to oversight he had forgotten to deposit the payments in question on the same day, that in case of Bill No,12/9158/0/5 the bill was stamped by him as paid but the actual payment had been received after 7 months. In reply to the notice of imposition of penalty the respondent stated that he was very much upset due to prolonged illness of his father who eventually died. That such lapses or irregularities had never occurred in the past, but for reasons mentioned he was upset by these problems. He stated in the end that on consideration of the above explanation, he may be pardoned for these lapses.
3. On 15-7-1986 Mr. Tanveer Ahmed, Officer Grade-I informed the respondent that he had been appointed Enquiry Officer by the Competent Authority to conduct enquiry which was fixed on 23-7- 1986 at 10-00 a.m. In the premises of National Bank of Pakistan, Garden Branch, Karachi. That if he desired to put in Written Statement in his defence he could do so. The respondent sent his Written Statement to the Enquiry Officer stating that his father was seriously ill and he died on account of that illness. He was, therefore, very much upset, and on account of these worries he was not in proper senses, and some bills had been kept in the safe about which he forgot and due to his father's death he proceeded on leave for 3 or 4 days and the bills could not therefore be remitted; while for the last bill, he had stamped the bill and returned it to the party without even getting payment, that these irregularities were committed by him on account of these mental worries for which he was feeling ashamed and requesting for pardon. In another such letter he wrote to the Enquiry Officer that the charges levelled are accepted by him on this it had been noted "the accused pleads guilty of the charges levelled against him". This note was signed. By the Enquiry Officer and also by the respondent. By letter, dated October 20, 1986 the Assistant Vice-President (Administation) passed an office order dismissing the respondent from service with immediate effect. The respondent filed appeal dated 19-11-1986 and to reconsider the decision. By letter, dated 20-11-1986, the respendent was informed that Appellate Authority had rejected his appeal. The respondent then filed his appeal before the President of National Bank of Pakistan with a copy to the Governor of Sindh. Ultimately the respondent filed his grievance petition before the Labour Court on 11-2-1988, nearly after 12 months of the rejection of his Departmental appeal.
4. The Presiding Officer, Fifth Sindh Labour Court, Karachi found that the Enquiry Officer had given full opportunity for being heard to the respondent who also participated in the enquiry proceedings but that person before whom the Reply Statements were filed by the accused and the Enquiry Officer, Mr. Tanveer Ahmed, had not been examined in Court therefore the Reply Statement of the accused in the enquiry could not be considered as part of the record, that the irregularitios in the remittances of 4 gas bills were ultimately forwarded by the respondent to the Gas Company, therefore this is not a case of misappropriation but of late deposit, that the National Bank of Pakistan Staff Rules not being Statutory Rules all the proceedings conducted are illegal and unlawful and the dismissal of the applicant was accordingly set aside and he was ordered to. Be reinstated with full back benefits within 15 days.
5. Thus there is clear documentary evidence on record that the respondent Head Cashier after receiving payment of the bills had not remitted them to the Gas Company on the same day but had delayed the remittances for some days and in the case of last bill for several months. The respondent has not contested these allegations but has explained that he was under mental.
Tension due to death of his father and that was the cause for commission of these irregularities. For the last payment delayed by months he has explained that he passed on the receipt to the customer without obtaining the payment, which by itself is an act of negligence though this fact has not been proved but delay has been proved by documentary evidence.
6. The learned Presiding Officer ought to have known that non-remittance of the cash even for a day would amount to temporary misappropriation under the law. There is ample documentary evidence in respect of these misappropriations and throughout the proceedings there are admissions of the respondent regarding commission of these misappropriations. In such cases even a detailed enquiry would not appear to be necessary and could even be dispensed with. As for grant of pardon the National Bank of Pakistan Branch could not be expected to grant pardon and retain the Head Cashier after lapses of this type; and further allow him to deal with cash paid by the customers. The affairs of the Bank are of delicate nature and the client's money could not be allowed to be entrusted to such persons who admit oversight, forgetfulness and such other acts of negligence, while dealing with cash.
7. The judgment of the Labour Court is, accordingly, set aside and the appeal of the National Bank of Pakistan is allowed. Back benefits deposited may be refunded.