| Case ID |
2b8cf823-fb86-4b00-98e2-9e9e7218feb7 |
| Body |
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| Case Number |
Constitutional Petition No. 342 of 2008 |
| Decision Date |
Feb 09, 2009 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the constitutional petition filed by Mehboob Ahmad Soomro against his compulsory retirement from the service of the bank. The Court found that the inquiry conducted against the petitioner was valid and that the competent authority had the right to impose the maximum punishment permissible under the law. The Court ruled that the inquiry officer's recommendations were not binding and that the petitioner failed to demonstrate any illegality in the proceedings that led to his compulsory retirement. The Court further noted that the respondent bank was privatized and, as such, the Removal from Service (Special Powers) Ordinance was not applicable. Therefore, the petition was dismissed, affirming the decision of the respondent bank to retire the petitioner from service. |
| Summary |
This case revolves around the constitutional petition filed by Mehboob Ahmad Soomro against the decision of Habib Bank Ltd. to compulsorily retire him following an inquiry that found him guilty of embezzlement. The Sindh High Court examined the validity of the inquiry and the subsequent actions taken by the bank's management. The Court reinforced principles regarding the applicability of the Removal from Service (Special Powers) Ordinance, emphasizing that the bank, being privatized, was not subject to the provisions of the Ordinance. The decision highlights key aspects of employment law, administrative justice, and the rights of employees in the banking sector. The ruling underscores the importance of adherence to procedural fairness in internal inquiries and the discretion of management in disciplinary actions. This case serves as a precedent in understanding the limitations of judicial intervention in employment disputes involving private entities, especially in the context of privatized banks, thereby establishing a crucial reference point for similar future cases. |
| Court |
Sindh High Court
|
| Entities Involved |
Habib Bank Ltd.,
Jamil-ur-Rehman
|
| Judges |
Khilji Arif Hussain,
Arshad Noor Khan
|
| Lawyers |
Shahid Anwar Bajwa
|
| Petitioners |
Mehboob Ahmad Soomro
|
| Respondents |
,
Federation of Pakistan through Secretary, Ministry of Finance, Islamabad
|
| Citations |
2010 SLD 3177 = 2010 PLC 911
|
| Other Citations |
Habib Bank Ltd. v. Ghulam Mustafa Khairati 2008 SCMR 1516,
Khalid Mehmood v. Habib Bank Ltd. 2005 MLD 1798,
Zulfiqar Ali v. Allied Bank of Pakistan in C.P.No.D-109 of 2005,
Abdul Rehman v. The President, Habib Bank Limited and others C.P.No.D-882 of 2007,
Abdul Malik v. Habib Bank Limited in C.P.No.226 of 2007,
Chairman, Canara Bank, Bangalore v. M.S. Jasra and others AIR 1992 SC 1100,
Federal Bank Ltd. v. Sagar Thomas (2004) 120 Company Case 63,
Allied Bank of Pakistan Ltd. v. Muhammad Ayub Tanweri and another 2001 PLC 607
|
| Laws Involved |
Removal from Service (Special Powers) Ordinance, 2000,
Constitution of Pakistan, 1973
|
| Sections |
5,
2(a),
3,
199
|