| Case ID |
1ee55c2d-fdc6-479b-af78-44246f342691 |
| Body |
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| Case Number |
Civil Appeal No. 30 of 1961 |
| Decision Date |
Apr 19, 1962 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal of Faiz Ahmed, holding that the principles of natural justice were not violated during the inquiry. The court ruled that the employee of the Co-operative Bank did not have the same rights as a government servant under the Government of India Act, 1935, and that the bank's bye-laws did not create any enforceable rights. The court found that the appellant was given ample opportunities to defend himself, and the procedures followed during the inquiry were adequate. The dismissal was upheld as the appellant was deemed an undesirable employee based on the findings of the inquiries conducted. |
| Summary |
In the landmark case of Civil Appeal No. 30 of 1961, the Supreme Court of Pakistan addressed the dismissal of Faiz Ahmed, an employee of the Pakpattan Central Co-operative Bank. The case centered on the principles of natural justice and the applicability of government service rules to employees of non-governmental institutions. The appellant contended that his dismissal was unlawful due to the lack of a second opportunity to show cause against the proposed punishment. However, the court ruled that the Co-operative Bank's adoption of government service rules did not confer the same rights as those guaranteed to government servants. The inquiry process was scrutinized, and it was determined that the appellant had been given sufficient opportunity to defend himself, including the chance to cross-examine witnesses. Ultimately, the court upheld the dismissal, emphasizing that the bank's bye-laws did not provide statutory protections akin to those of government employees. This case highlights crucial aspects of employment law and the importance of procedural fairness in disciplinary actions. Key terms include natural justice, employment rights, inquiry procedures, and the distinction between governmental and non-governmental employment protections. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Pakpattan Central Co-operative Bank Limited,
Co-operative Societies, West Pakistan
|
| Judges |
A. R. CORNELIUS, C.J.,
S. A. RAHMAN,
FAZLE-AKBAR,
B. Z. KAIKAUS,
HAMOODUR RAHMAN, JJ
|
| Lawyers |
Iftikharul Haq Khan Advocate Supreme Court instructed by Amjad Hussain Attorney for Appellant,
Maqbool Ahmad Advocate Supreme Court instructed by Nazir-ud-Din Attorney for Respondent No. 2
|
| Petitioners |
FAIZ AHMED
|
| Respondents |
THE REGISTRAR, CO-OPERATIVE SOCIETIES, WEST PAKISTAN,
MANAGING COMMITTEE, THE PAKPATTAN CO-OPERATIVE BANK LTD.
|
| Citations |
1962 SLD 478,
1962 PLD 315
|
| Other Citations |
Venkata Rao v. The Secretary of State for India-in-Council 64 IA 55,
Pakistan and another v. Naseem Ahmad P L D 1961 S C 445
|
| Laws Involved |
Not available
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| Sections |
Not available
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