| Case ID |
00a25bea-50d6-49b3-acdd-9da5f310ccd8 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 150-L of 2002 |
| Decision Date |
Mar 26, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal the decision of the Lahore High Court, which had dismissed the Constitutional petition filed by the petitioner, Aslam Hassan Qureshi. The petitioner contended that the State Bank of Pakistan's order of dissociation was temporary and did not amount to termination of his services. The Court found that the State Bank of Pakistan had failed to provide adequate reasons for the dissociation and did not specify the period for which the dissociation would remain effective, as required under Section 41 of the Banking Companies Ordinance, 1962. Consequently, the Court suspended the operation of the termination order, allowing the petitioner to continue his services and draw salary until the appeal is disposed of. This decision underscores the necessity for statutory bodies to adhere strictly to procedural requirements when taking adverse employment actions. |
| Summary |
In the landmark case Civil Petition No. 150-L of 2002, the Supreme Court of Pakistan deliberated on the legality of the State Bank of Pakistan's proceedings against Aslam Hassan Qureshi under Section 41 of the Banking Companies Ordinance, 1962. The petitioner, serving as a manager at Allied Bank Limited, challenged his dissociation from the post, arguing that it was a temporary measure and not a termination of his employment. Represented by advocates Malik Muhammad Qayyum and Tanvir Ahmad, the petitioner contended that the State Bank failed to specify the duration of the dissociation, rendering the order procedurally flawed. The Court scrutinized the actions of the State Bank, noting the absence of a detailed rationale for the dissociation and the non-establishment of a fixed period for which the order would remain effective. Additionally, the petitioner highlighted that Allied Bank Limited had been privatized, thereby exempting its employees from being classified as civil servants under the Service Tribunals Act, 1973. Despite these arguments, the Lahore High Court had previously dismissed the petition, citing jurisdictional constraints. However, the Supreme Court overturned this dismissal, emphasizing that the State Bank of Pakistan operates as an independent statutory body, separate from the employer, and thus its orders could be directly challenged in court. The Court's decision to suspend the termination order ensured that the petitioner retained his managerial position and continued to receive his salary and benefits pending the final disposal of the appeal. This case underscores the critical importance of adhering to statutory procedures and the protection of employees' rights against arbitrary actions by regulatory bodies. It also highlights the judiciary's role in safeguarding fair employment practices within the banking sector. Keywords such as 'Supreme Court of Pakistan', 'Banking Companies Ordinance', 'employment termination', 'State Bank of Pakistan', and 'judicial review' are central to this case, reflecting trending legal themes and ensuring optimal SEO performance for related legal research and analysis. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
State Bank of Pakistan,
Allied Bank Limited
|
| Judges |
MUNIR A. SHEIKH,
KHALD-UR-REHMAN RAMDAY,
FAQIR MUHAMMAD KHOKHAR
|
| Lawyers |
Malik Muhammad Qayyum, Advocate Supreme Court,
Tanvir Ahmad, Advocate-on-Record for Petitioner,
Nemo for Respondents
|
| Petitioners |
ASLAM HASSAN QURESHI
|
| Respondents |
GOVERNOR, STATE BANK OF PAKISTAN AND OTHERS
|
| Citations |
2003 SLD 422,
2003 SCMR 837
|
| Other Citations |
Not available
|
| Laws Involved |
Banking Companies Ordinance, 1962
|
| Sections |
41
|