| Case ID |
5126f02c-5fdc-4d8f-8598-d08985052952 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No.2143 of 2011 |
| Decision Date |
Jun 11, 2012 |
| Hearing Date |
|
| Decision |
The Lahore High Court set aside the termination order of Nadeem Haroon Jameel, who had been dismissed from the National Bank of Pakistan under allegations of forgery and fraud. The court ruled that the termination was conducted ex parte and thus violated the principles of due process and fair trial. The petitioner was acquitted of all criminal charges and was entitled to reinstatement with back benefits, as another colleague under similar circumstances was reinstated. The court emphasized the responsibility of the tribunal to ensure the correct application of law and procedure, especially in cases involving ex parte proceedings. |
| Summary |
In the case of Nadeem Haroon Jameel vs. National Bank of Pakistan, the Lahore High Court addressed the wrongful termination of an employee based on ex parte proceedings. The petitioner, Nadeem Haroon Jameel, was dismissed under allegations of fraud while he was undergoing criminal proceedings, which later concluded in his acquittal. The court highlighted the importance of due process and fair trial rights guaranteed under Article 10A of the Constitution of Pakistan. It ruled that the termination lacked legal standing due to the improper application of rules and emphasized that all individuals are entitled to equal protection under the law. This case underscores the necessity for transparency and fairness in disciplinary proceedings within the banking sector and public institutions, reinforcing the need for adherence to procedural justice. The ruling has significant implications for employment law and the rights of employees facing disciplinary actions, particularly in cases where criminal allegations are involved. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SAGHEER AHMAD QADRI, J
|
| Lawyers |
Not available
|
| Petitioners |
NADEEM HAROON JAMEEL
|
| Respondents |
3 others,
REGIONAL CHIEF EXECUTIVE, NATIONAL BANK OF PAKISTAN
|
| Citations |
2013 SLD 1844 = 2013 PLC 576
|
| Other Citations |
Liaquat Hussain v. Government of Punjab through its Secretary, C&W Department, Lahore PLD 2009 Lah. 101,
Mst. Samina Abid v. Chairman, Pakistan International Airlines, Quaid-e-Azam International Airport, Karachi and 2 others 2009 CLR 1573,
Civil Aviation Authority through Director General v. Javed Ahmad and another 2009 SCMR 956,
Abdul Tauheed Khan v. Director-General, C.A.A. Karachi and others 2009 PLC (C.S.) 497,
Managing Director, Pakistan Television Ltd., Islamabad and 3 others v. Sadique Ahmed, Associates Engineer and 2 others 2007 PLC (C.S.) 1244,
Arif Ghafoor v. Managing Director, H.M.C., Texila and others PLD 2002 SC 13,
Mir Nawaz Khan v. Federal Government through Secretary, Ministry of Finance, Islamabad and 2 others 1996 SCMR 315,
Hameed Akhtar Niazi v. Secretary Establishment Division, Government of Pakistan and others 1996 SCMR 1185,
Tara Chand and others v. Karachi Water and Sewerage Board 2005 SCMR 499
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
199
|