| Case ID |
253a7b89-5d75-4042-85cf-7c35ccb736e8 |
| Body |
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| Case Number |
Infra-Court Appeal No. 67 of 1983 |
| Decision Date |
Mar 28, 1983 |
| Hearing Date |
|
| Decision |
The court dismissed the Infra-Court Appeal in limine, affirming that the disciplinary inquiry against the appellant remained valid despite his resignation. It was held that an employee cannot frustrate an inquiry by resigning after being issued a charge-sheet. The court clarified that the provisions of the Bank Service Rules, specifically rules 16 and 41, do not permit the cessation of employment to undermine the disciplinary process. The court ordered that the inquiry should be completed expeditiously within four months. |
| Summary |
This case involves an industrial dispute concerning a disciplinary action taken against a bank employee, Syed Mashhood Ashraf, by the Muslim Commercial Bank Ltd. The Lahore High Court ruled on the validity of disciplinary proceedings following the employee’s resignation, which was tendered after the issuance of a charge-sheet. The court underscored that resignation does not negate the inquiry process, particularly when it is initiated prior to the resignation. The court's interpretation of the Bank Service Rules clarified the necessary procedures for handling disciplinary actions and the timing of resignations. This decision has significant implications for employment law within banking institutions, emphasizing the importance of due process over unilateral actions by employees. Keywords related to this case include industrial dispute, disciplinary action, bank service rules, constitutional petition, and employment law. |
| Court |
Lahore High Court
|
| Entities Involved |
MUSLIM COMMERCIAL BANK LTD.
|
| Judges |
MUHAMMAD AFZAL LONE,
MANZOOR HUSSAIN SIAL
|
| Lawyers |
M. Farani
|
| Petitioners |
Syed MASHHOOD ASHRAF
|
| Respondents |
MUSLIM COMMERCIAL BANK LTD.
|
| Citations |
1989 SLD 2093,
1989 PLC 276
|
| Other Citations |
Not available
|
| Laws Involved |
Bank Service Rules,
Constitution of Pakistan (1973)
|
| Sections |
16,
39,
41,
199
|