| Case ID |
0b8ebdd1-8b23-443e-9fe6-1eea04522b26 |
| Body |
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| Case Number |
Civil Appeal No. 441 of 2021 |
| Decision Date |
Jan 16, 2023 |
| Hearing Date |
Jan 16, 2023 |
| Decision |
The Supreme Court of Pakistan allowed the appeal against the judgment of the Peshawar High Court, which had directed the National Bank of Pakistan to allow the respondent to join his duty as a cashier following his appointment. The court found that the respondent had previously concealed his involvement in a serious criminal case, which warranted the Bank's decision to deny him employment. The court emphasized the importance of fairness and transparency in administrative actions and upheld the Bank's discretion in making employment decisions based on the respondent's criminal background. Consequently, the High Court's order was set aside, reinforcing the principle that banks must ensure the integrity of their staff, especially in positions that handle cash. |
| Summary |
This case revolves around the principles of legitimate expectation and judicial review concerning employment in the public sector. The Supreme Court of Pakistan examined the circumstances under which a bank could deny employment to an individual who had previously been acquitted in a murder case but had concealed this information during his job application. The court determined that the doctrine of legitimate expectation does not protect individuals who misrepresent their background, particularly in sensitive positions such as a cashier in a bank. The decision emphasizes the need for transparency and integrity in public service appointments and the right of institutions to ensure their employees do not pose a risk to public trust. Keywords such as 'judicial review', 'legitimate expectation', 'employment law', and 'public service integrity' are critical for understanding the implications of this ruling, which underscores the balance between individual rights and institutional integrity. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
National Bank of Pakistan
|
| Judges |
IJAZ UL AHSAN,
MUNIB AKHTAR,
SAYYED MAZAHAR ALI AKBAR NAQVI
|
| Lawyers |
Rai Mohammad Nawaz Kharal,
Rafaqat Hussain Shah
|
| Petitioners |
others,
PRESIDENT NATIONAL BANK OF PAKISTAN
|
| Respondents |
WAQAS AHMED KHAN
|
| Citations |
2023 SLD 591,
2023 SCMR 766
|
| Other Citations |
Model Customs Collectorate, Islamabad v. Aamir Mumtaz Qureshi 2022 SCMR 1861,
Uzma Manzoor v. Vice-Chancellor Khushal Khan Khattak University, Karak (2022 SCMR 694)
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
184(3),
199
|