| Case ID |
3d3a536a-8be8-4d02-bafb-0fb6e470926c |
| Body |
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| Case Number |
Civil Appeals Nos. 991, 992 of 2001 and 441 to 447 |
| Decision Date |
Sep 20, 2005 |
| Hearing Date |
Sep 20, 2005 |
| Decision |
The Supreme Court of Pakistan partially allowed the appeals of the bank employees who had been dismissed from service. The Court found that the employees were guilty of misconduct for negotiating Letters of Credit contrary to the bank's instructions, but noted that the conduct of senior officers had influenced their actions. The dismissal was deemed too harsh, and the penalty was modified to compulsory retirement from the date of their termination. The Court emphasized that mere impressions from newspaper reports could not be the basis for judicial findings and highlighted the importance of proper procedural adherence in disciplinary actions. |
| Summary |
This case involves the Supreme Court of Pakistan's ruling on the wrongful termination of bank employees from United Bank Limited (UBL). The employees were accused of misconduct for negotiating Letters of Credit without proper authorization from a non-correspondent bank, the Mediterranean Bank. The Supreme Court found procedural irregularities in the disciplinary actions taken against the employees, indicating that the decisions were influenced by external perceptions rather than documented evidence. The ruling underscored the need for fair treatment of employees and proper adherence to banking regulations. It also pointed out the discrepancy in the treatment of senior officers involved in the negotiations, ultimately leading to a decision that mitigated the harshness of the initial penalties imposed on the bank employees. The case highlights significant legal principles regarding employment rights, procedural fairness, and the interpretation of 'public importance' in judicial review. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
United Bank Limited,
Tawakkal Group
|
| Judges |
Sardar Muhammad Raza Khan,
Falak Sher,
Nasir-ul-Mulk
|
| Lawyers |
Abid Hassan Minto, Senior Advocate Supreme Court,
Sh. Masood Akhtar, Advocate-on-Record,
Raja Muhammad Akram, Senior Advocate Supreme Court,
Ejaz Muhammad Khan, Advocate-on-Record,
Raja Abdul Ghafoor, Advocate-on-Record,
Niaz Ahmad Khan, Advocate Supreme Court,
Kamal Azfar, Senior Advocate Supreme Court,
Manzoor Ali Khan, Advocate Supreme Court,
H.A. Jafri, Advocate Supreme Court
|
| Petitioners |
Ishtiaq Ahmed Sheikh and others
|
| Respondents |
Messrs United Bank Limited and others
|
| Citations |
2005 SLD 755 = 2005 PLD 94
|
| Other Citations |
Lahore High Court v. Muhammad Jahangir Khan Goraya 1999 SCMR 2117
|
| Laws Involved |
Constitution of Pakistan (1973),
Service Tribunals Act (LXX of 1973)
|
| Sections |
Art. 212(3),
Art. 184(3),
S. 4
|