| Case ID |
43d950d8-ed34-4786-9435-e3bb724fe77f |
| Body |
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| Case Number |
Civil Appeal No.1302 of 2005 |
| Decision Date |
Oct 30, 2008 |
| Hearing Date |
Oct 29, 2008 |
| Decision |
The Supreme Court upheld the judgment of the Sindh High Court, maintaining the dismissal of Iqbal Ahmed from the Muslim Commercial Bank Ltd. The court found that the appellant had been guilty of gross negligence leading to the disappearance of Rs. 2 million. The court clarified that the acquittal in the criminal case did not preclude the bank from proceeding with departmental action based on misconduct. The appeal was dismissed, emphasizing that each case must be evaluated on its own facts and that the charges of negligence against the appellant were sufficiently substantiated. |
| Summary |
In the case of Iqbal Ahmed vs. Muslim Commercial Bank Ltd., the Supreme Court of Pakistan dealt with issues of employment misconduct and the implications of criminal acquittal on departmental proceedings. The appellant, a cashier, was accused of gross negligence after failing to account for Rs. 2 million from a total of Rs. 35 million entrusted to him. Despite being acquitted in a criminal case, the court ruled that the departmental proceedings were valid and independent. The ruling reinforced the principle that negligence leading to financial loss can warrant dismissal under the Industrial and Commercial Employment (Standing Orders) Ordinance. The court's decision highlights the importance of accountability in financial institutions and clarifies the standards for misconduct, ensuring that employees are held to a high standard of diligence. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Sindh High Court,
Muslim Commercial Bank Ltd.
|
| Judges |
MIAN HAMID FAROOQ,
SYED ZAWWAR HUSSAIN,
JAFFERY,
SARMAD JALAL OSMANY
|
| Lawyers |
Mr. Shabbir Ahmed Awan,
Mr. Shahid Anwar Bajwa
|
| Petitioners |
IQBAL AHMED
|
| Respondents |
MUSLIM COMMERCIAL BANK LTD.
|
| Citations |
2009 SLD 1735,
2009 SCMR 903
|
| Other Citations |
Attaullah Shaikh v. WAPDA and others 2001 SCMR 269,
Khushal Khan v. Muslim Commercial Bank Ltd. and others 2002 SCMR 943,
Khalid Saeed v. Shamim Rizvan and others 2003 SCMR 1505,
Muslim Commercial Bank Limited v. Abdul Jabbar 2001 PLC 721,
H.M. Saya & Co. Karachi v. Wazir Ali Industries Ltd., Karachi and another PLD 1969 SC 65
|
| Laws Involved |
Constitution of Pakistan, 1973,
Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)
|
| Sections |
185,
S.O. 15(3)(i)
|