1991 PLP 1148 (SCMR)

‑‑‑‑S. 25‑A‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Dismissal from service‑‑‑Reinstatement‑‑‑Respondent who was removed from Bank service on charge of deliberately removing an amount of Rs.150 from two bundles of cash, remained busy in pursuing his case for his reinstatement in service before different departmental agencies for more than one year, when he was finally ordered to be reinstated in service by Tribunal‑‑‑Bank having dragged respondent before High Court and Supreme Court since then was, sufficient reward for misdeed of petitioner in the form of monetary loss and mental torture which would be a good lesson to him for his future guidance‑‑‑Petition having no merit, was dismissed. Khawaja Muhammad Farooq, Advocate Supreme Court and Manzoor Ilahi, Advocate‑on‑Record for Petitioner. M. Asghar Malik Advocate Supreme Court for Respondents. Date of hearing: 3rd February, 1990. S. USMAN ALI SHAH, J.‑‑‑This is a petition for leave to appeal filed by the petitioner against the order of a Single Judge of the Lahore High Court dated 26‑2‑1989 whereby their writ petition was dismissed. The respondent No.l was a Cashier in Jalalpur Jattan Branch of the National Bank of Pakistan and he was removed from service vide letter dated 9‑2‑1982 on the allegations of picking up two currency notes of Rs.50 and Rs.100 from its respective bundles which were received in the bank from Habib Bank Ltd. while counting the cash. These notes were recovered from him by the Manager and the respondent No.l made a confession to this effect and thus he was removed from the service. The respondent made a grievance notice for reinstatement in the service but the same was turned down and thereafter filed grievance petition before the Punjab Labour Court which was also dismissed on 26‑9‑1982. Thereafter, the respondent No.l filed an appeal before the Punjab Labour Appellate Tribunal which was accepted and he was ordered to be reinstated without back benefits vide order dated 9.5.1983. The petitioner filed a writ petition against the order of reinstatement of the respondent No.l, which was dismissed, vide order dated 26‑2‑1989. After hearing the learned counsel for the parties and perusal of the record of the case, we have come to the conclusion that it is not a fit case in which leave to appeal can be granted. Because the respondent No.l was removed from the Bank service on the charge of deliberately removing a small amount of Rs.150 from two bundles of cash, received from Habib Bank Ltd. as back as on 9‑2‑1982. Since then, he was busy in pursuing his case for his reinstatement in service, before different departmental agencies until 9‑5‑1983 when he was ordered to be reinstated in service by the Punjab Labour Appellate Tribunal, without back benefits. Thereafter, it was the petitioner who dragged the respondent No.l before the High Court as well as this Court, which is in our opinion a quite sufficient reward for his misdeed, in the form of mo4etary loss and mental torture which will be a good lesson to him for his future guidance. Under the circumstances, this petition having no merits, is dismissed. H.B.T./N‑261/S Petition dismissed.