2003 PLP (C (PLC(CS))
SULTAN HUSSAIN Versus NATIONAL BANK OF PAKISTAN and 2 others
| Citation | 2003 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mian Muhammad Ajmal and Muhammad Nawaz Abbasi, JJ |
| Parties | SULTAN HUSSAIN Versus NATIONAL BANK OF PAKISTAN and 2 others |
| Primary Law | Service Tribunals Act (LXX of 1973) |
Q1: What are the key laws and sections cited in 2003 PLP (C (PLC(CS))?
This judgment primarily cites: Service Tribunals Act (LXX of 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mian Muhammad Ajmal and Muhammad Nawaz Abbasi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP (C (PLC(CS)) (SULTAN HUSSAIN Versus NATIONAL BANK OF PAKISTAN and 2 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sheikh Riaz-ul-Haque, Advocate Supreme Court, and Ch. Muhammad Akram Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 27th September, 2002.
Headnotes / Summary
(On appeal from the judgment of Federal Service Tribunal, dated 17-11-2001 passed in Appeal No.7(P)/C.E./2000).
Ss. 2-A & 4
Constitution of Pakistan (1973), Art.212(3)
Bankers; responsibilities
Civil servant was served with show-cause notice regarding financial irregularities and embezzlements
Civil servant was dismissed from service after inquiry
Appeal before Service Tribunal was also dismissed--Plea raised by the civil, servant was that the alleged embezzled amount had already been deposited by him, therefore, penalty of dismissal from service was illegal
Mere fact that the amount allegedly drawn in fraudulent manner was returned and no loss was caused to the Bank, would not remove the charge of misconduct against the civil servant who being custodian of public and private money was not supposed to act in breach of trust-- Employees of financial institutions and Banks are required to be extremely fair in dealings and their conduct should be above board so that people may not lose confidence in financial institutions
Dishonest use of private property for personal gain even temporarily without intention to cause loss to a patty or Bank is not only an act of misconduct but also constitutes a criminal offence--Supreme Court declined to interfere with the judgment passed by Service Tribunal
Leave to appeal was refused.
Judgment & Decree
MUHAMMAD NAWAZ ABBASI, J.
This petition under Article 212 (3) of the Constitution of Islamic Republic of Pakistan 1973 has been filed seeking leave to appeal against the judgment dated 17-11-2001 passed by Federal Service Tribunal in a service appeal.
2. The petitioner was employed in the National Bank of Pakistan and while posted in Khawari Branch Mansehra, was given the show-cause notice proposing major penalty of dismissal from service for the allegation of financial irregularities and embezzlement contained in the charge-sheet served with the show-cause notice. The inquiry into the allegation was conducted under National Bank of Pakistan (Staff) Service Rules. The Inquiry Officer having found the petitioner guilty of charges submitted report and the competent authority vide staff order dated 9-10-1999 dismissed the petitioner from service with immediate effect. The petitioner having availed the remedy of department appeal/representation, preferred an appeal before the Federal Service Tribunal which was dismissed through the impugned judgment.
3. The main ground urged by the learned counsel for the petitioner in support of this petition is that the inquiry office did not provide him a fair opportunity to cross-examine the witnesses and condemned him unheard. The major charge against the petitioner was that he fraudulently encashed a cheque amounting to Rs.7,50,000 from First Women Bank, Abbottabad, and on the report of Manager of the Bank case was registered against him at Police Station Cantt. Abbotabad. The learned counsel submitted that the return of the amount to the account holder allegedly drawn by the petitioner, was acknowledged by the Manager First Women Bank before the Court which granted bail to the petitioner and that since no loss was caused either to bank or the account holder, therefore, the allegation of embezzlement on the basis of which the petitioner was proceeded for the charge of misconduct, remained unproved. In the light of the conclusion of the inquiry office that petitioner committed fraud of Rs.7,50,000 at First Women Bank. Abbottabad, and also embezzled Rs. 947 of utility bills the return of the amount in question to the account holder would be the direct evidence against the petitioner in proof of the charge. The mere fact that the amount allegedly drawn in a fraudulent manner, was returned and no loss was caused to the bank, would not remove, the charge of misconduct against the petitioner who being custodian of public and private money was not supposed to act in breach of trust. The employees of financial institutions and banks are required to be extremely fair in the dealings and their conduct should be aboveboard so that people may not loose confidence in the financial institutions. The dishonest use of private property for personal gain even temporarily, without an intention to cause loss to a party or the bank would not only be an. act of misconduct but also constitutes a criminal
4. For the foregoing reasons, we having found no substance in the matter, dismiss this petition. Leave is refused. M.H./S-256/S Petition dismissed.