| Case ID |
1fdac815-7d05-4faf-ba86-fbba1584a1bf |
| Body |
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| Case Number |
Writ Petition No. 37847 of 2016 |
| Decision Date |
Feb 10, 2017 |
| Hearing Date |
Jan 27, 2017 |
| Decision |
The Lahore High Court ruled that the petitioner, Muhammad Farooq Zulfiqar, was dismissed from his position in the National Bank of Pakistan under the National Bank of Pakistan (Staff) Rules, 1973. The court found that the petitioner failed to utilize the available remedy for appeal or review against the dismissal. The court emphasized that the statutory rules provided a clear process for disciplinary actions and the petitioner had the right to appeal to the Central Board. The petition was converted into an appeal and directed to the competent authority for resolution within eight weeks. The court noted that it could not intervene in the factual findings of the disciplinary committee without proper jurisdiction. |
| Summary |
This case revolves around the dismissal of Muhammad Farooq Zulfiqar from the National Bank of Pakistan under the 1973 Staff Rules. The petitioner challenged the dismissal in the Lahore High Court, asserting that proper procedures were not followed during the disciplinary proceedings. The High Court examined the statutory nature of the 1973 Rules and the provisions for appeal and review. It highlighted the importance of adhering to statutory procedures in employment matters, especially in cases involving misconduct allegations. The court ultimately ruled that the petitioner should have utilized the available appeal process and directed the case to the appropriate authority for further consideration. This decision underscores the significance of following established legal frameworks in employment disputes and the necessity for employees to exhaust available remedies before seeking judicial intervention. |
| Court |
Lahore High Court
|
| Entities Involved |
National Bank of Pakistan
|
| Judges |
Jawad Hassan
|
| Lawyers |
Mahmood Ahmed Qazi,
Zahid Aslam Khan,
Muhammad Ammar
|
| Petitioners |
Muhammad Farooq Zulfiqar
|
| Respondents |
Others,
The President National Bank of Pakistan
|
| Citations |
2017 SLD 793,
2017 PLC 870
|
| Other Citations |
2013 SCMR 314,
PLD 1974 SC 151,
1994 SCMR 2232,
2003 SCMR 1126,
2002 SC 452,
PLD 2003 Kar. 83,
PLD 2008 SC 135,
2006 SCMR 12,
2006 SCMR 276
|
| Laws Involved |
National Bank of Pakistan (Staff) Rules, 1973,
Constitution of Pakistan, 1973
|
| Sections |
R.3(d),
R.36,
R.39,
R.39(1),
R.39(2),
R.40,
R.40(1),
199
|