SARDAR MUHAMMAD RAZA KHAN, J.- Izzat Baig Awan, former Cashier of Habib Bank Limited, has filed this petition for leave to appeal under Article 212(3) of the Constitution against the judgment, dated 10.5.2001 passed in Appeal No. 98(R)CE/2000 by Federal Service Tribunal, Islamabad, whereby the appeal of the petitioner was dismissed in limine by a to-member Bench of the Tribunal headed by the Chairman.
2. Izzat Baig Awan being a Cashier of Habib Bank Limited at Kharian Branch was removed from service on 27.1.2000 on charges of indiscipline and absence form duty. The reason for absence was.
His involvement in a case of F.I.R. No. 233, dated 19.9.1998 under Sections 302/324/337/427/147/149, PPC.
3. A proper show-cause notice had duly been issued to the petitioner which he had the opportunity to meet with. His absence was not only absolutely clear but besides that he had also gone into abscondence which happened to enhance his absence. The institution of bank is one of trust reposed by the public at large and they, in the peculiar nature of the duties of their employees, cannot afford the breach of trust by retaining in service people who are involved in criminal cases and whose absence therefrom, as it was in the instant case, was not only obvious but unavoidable on the part of the official concerned. The absence whether avoidable or unavoidable is the sole headache of the official but so far as the bank is concerned, it cannot afford the luxury of the absence as well as the loss of goodwill.
4. The case of laxity on part of the petitioner was proved and hence his retention in service being not in the interest of the bank, he was rightly removed. There being no merit in the petition, it is hereby dismissed and leave to appeal is refused.