| Case ID |
0b8c184f-bad9-4935-a339-7138ed975f84 |
| Body |
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| Case Number |
C.R. No. 1040-P of 2019 |
| Decision Date |
May 13, 2024 |
| Hearing Date |
May 13, 2024 |
| Decision |
The revision petition was dismissed by the Peshawar High Court, confirming that the petitioner, Khalid Khan, was required to respond to audit observations regarding irregularities found in a loan case processed while serving as an Assistant Vice President/Manager at Zarai Tarqiati Bank. The Court emphasized that the issuance of an explanation letter or show cause notice does not equate to a violation of legal rights, as these are preliminary steps and not final orders. The petitioner was directed to submit his explanation, and only if found unsatisfactory would disciplinary action be initiated. The Court highlighted that premature interference by the judiciary in such administrative matters is generally discouraged, and the proper course of action for the petitioner was to address the concerns raised by his employer rather than resorting to civil litigation. |
| Summary |
In the case of Khalid Khan versus Zarai Tarqiati Bank, the issue revolved around administrative procedures following audit findings of irregularities in a loan case. Khalid Khan, who served as the Manager at the bank, contested actions taken against him after a loan case he processed was audited. The Peshawar High Court ruled that the audit process and the subsequent request for an explanation did not infringe upon Khan's legal rights, emphasizing the importance of following internal resolution mechanisms before seeking judicial intervention. The ruling reinforced the principle that show cause notices are part of due process aimed at providing employees a chance to respond to allegations. The case highlights the balance between employee rights and administrative oversight, a pertinent issue within the realm of public service and corporate governance. Keywords: administrative law, employee rights, audit procedures, judicial intervention, civil litigation. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Ijaz Anwar, J.
|
| Lawyers |
Mr. Yousaf Ali,
Mr. Ibrahim Noor Mughal
|
| Petitioners |
Khalid Khan
|
| Respondents |
Zarai Tarqiati Bank through Zonal Chief, Zonal Office Peshawar and others
|
| Citations |
2024 SLD 4597,
2024 PLJ 143
|
| Other Citations |
2022 SCMR 92,
AIR 2004 SC 1467,
AIR 1987 SC 943,
AIR 1989 Cal 294
|
| Laws Involved |
Specific Relief Act, 1877
|
| Sections |
42,
54,
55
|