| Case ID |
0af32306-02e5-41c2-9f62-c87e50653423 |
| Body |
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| Case Number |
Writ Petition No. 19727 of 2009 |
| Decision Date |
Jan 23, 2015 |
| Hearing Date |
|
| Decision |
The petition was allowed on the grounds that the Bank could not recover the embezzled amount from the petitioner after the Registrar's award exonerated him of any financial liability. The court emphasized that the Bank's attempt to revisit the award through internal proceedings would amount to double jeopardy, which is not permissible. It was determined that the award had finalized the issue of liability, and the losses should be recovered from the individual held responsible in the award, specifically Haji Khalid Farooq, Head Cashier. |
| Summary |
In this significant case, the Lahore High Court addressed the principles of double jeopardy and the authority of the Registrar under the Co-operative Societies Act, 1925. The petitioner, Farooq Ahmad Chaudhry, an employee of the Punjab Provincial Cooperative Bank, was subjected to compulsory retirement and recovery of an alleged embezzled amount. After the Registrar issued an award exonerating him from any financial wrongdoing, the Bank sought to impose penalties despite the finality of the award. The court ruled in favor of the petitioner, highlighting the importance of adhering to statutory awards and preventing unjust recovery actions that could lead to double jeopardy. This ruling reinforces the protection of employees against arbitrary actions by employers once a statutory determination has been made, underscoring the necessity for banks and similar entities to respect legal findings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHID KARIM, J
|
| Lawyers |
Qazi Misbah-ul-Hassan for Petitioner,
Javed Iqbal for Respondent
|
| Petitioners |
FAROOQ AHMAD CHAUDHRY
|
| Respondents |
GOVERNMENT OF THE PUNJAB and others
|
| Citations |
2015 SLD 330 = 2015 PLC 402
|
| Other Citations |
Not available
|
| Laws Involved |
Co-operative Societies Act, 1925,
Constitution of Pakistan, 1973,
Criminal Procedure Code (V of 1898)
|
| Sections |
54,
13,
199,
403
|