| Case ID |
47d01257-553a-4300-9ec1-0f6d2df6c824 |
| Body |
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| Case Number |
D-573 of 1994 |
| Decision Date |
Apr 13, 1994 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the constitutional petition filed by Bilal Bin Zaheer, who was challenging the authority of the Managing Director of the Industrial Development Bank of Pakistan to appoint an Executive Vice-President as the Chairman of the Enquiry Committee. The court found that the Board of Directors had delegated its powers to the Managing Director under Section 42 of the Industrial Development Bank of Pakistan Ordinance, 1961, allowing the Managing Director to take disciplinary actions against officers, including the petitioner. The court ruled that the actions taken by the Managing Director were within his delegated authority and that the petitioner had the right to appeal to the Board of Directors against any disciplinary decision made by the Managing Director. This ruling reinforces the legality of the delegation of powers within corporate governance and the rights of employees to appeal decisions made against them. |
| Summary |
In the case of D-573 of 1994, the Sindh High Court addressed the issue of authority delegation within the Industrial Development Bank of Pakistan. Bilal Bin Zaheer, a Senior Vice-President, challenged the disciplinary actions taken against him by the Managing Director, claiming that only the Board of Directors had the authority to initiate such proceedings. The court examined the provisions under Section 42 of the Industrial Development Bank of Pakistan Ordinance, 1961, which allows the Board to delegate certain powers for efficient functioning. The court concluded that the Board had lawfully delegated its disciplinary powers to the Managing Director, thus validating the actions taken against the petitioner. This case highlights the importance of understanding the framework of authority and the delegation of powers within organizations, particularly in the context of employee rights and corporate governance. The ruling emphasizes the balance between organizational efficiency and the rights of employees to contest decisions affecting their employment status. |
| Court |
Sindh High Court
|
| Entities Involved |
Industrial Development Bank of Pakistan
|
| Judges |
NASIR ASLAM ZAHID C.J.,
MUHAMMAD HUSSAIN ADIL KHATRI, J
|
| Lawyers |
Obaidur Rehman,
Ijaz Hussain Batalvi,
Muhammad Asghar Ansari
|
| Petitioners |
BILAL BIN ZAHEER
|
| Respondents |
Industrial Development Bank of Pakistan
|
| Citations |
1995 SLD 1229,
1995 PLC 423
|
| Other Citations |
Not available
|
| Laws Involved |
Industrial Development Bank of Pakistan Ordinance,
Constitution of Pakistan
|
| Sections |
42,
199
|