| Case ID |
eccf49d8-2ff0-4d88-88c4-60b40c69d507 |
| Body |
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| Case Number |
Civil Petition No.411-K of 2004 |
| Decision Date |
Oct 10, 2005 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal filed by Habib Bank Limited against the judgment of the Federal Service Tribunal, which had reinstated Ghulam Mustafa Khairati with full benefits. The Court held that the privatization of the bank did not strip Khairati of his status as a civil servant, and thus the Service Tribunal retained jurisdiction over his appeal. The Court emphasized the importance of natural justice, stating that the termination of Khairati's services without a proper inquiry or notice was illegal. The decision reinforced the principle that mere allegations do not equate to guilt, and the presumption of innocence must be upheld until a conviction is secured by a competent court. |
| Summary |
This case revolves around a civil petition filed by Habib Bank Limited against the Federal Service Tribunal's decision to reinstate Ghulam Mustafa Khairati, who was terminated from his position as Senior Executive Vice-President due to his arrest in a criminal case. The Supreme Court of Pakistan determined that the privatization of the bank did not affect Khairati's status as a civil servant, hence the Tribunal had the jurisdiction to hear his case. The Court ruled that the bank's termination of Khairati's employment was illegal, as it violated principles of natural justice. The ruling emphasized the need for proper inquiry and adherence to legal standards in employment matters, particularly in cases involving civil servants and allegations of criminal conduct. This case highlights crucial aspects of employment law, the rights of civil servants, and the significance of due process in disciplinary actions within governmental and nationalized institutions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Habib Bank Limited,
Federal Service Tribunal,
Agha Khan Foundation
|
| Judges |
RANA BHAGWANDAS,
SAIYED SAEED ASHHAD
|
| Lawyers |
Shahid Anwar Bajwa,
Ahmedullah Faruqi,
Suleman Habibullah
|
| Petitioners |
Habib Bank Limited
|
| Respondents |
Ghulam Mustafa Khairati
|
| Citations |
2008 SLD 1878,
2008 SCMR 1516
|
| Other Citations |
Syed Muhammad Iqbal Jafri v. Registrar, Lahore High Court 2004 PLC (C.S.) 809,
Arshad Jamal v. N.-W.F.P. Forest Development Corporation and others 2004 PLC (C.S.) 802,
The Managing Director, Sui Southern Gas Co. Ltd. v. Saleem Mustafa Shaikh and others PLD 2001 SC 176,
Managing Director, Sui Southern Gas Company Limited, Karachi v. Ghulam Abbas and others 2003 PLC (C.S.) 796,
Nazakat Ali v. WAPDA through Manager and others 2004 SCMR 145,
Anisa Rehman v. P.I.A.C. 1994 SCMR 2232
|
| Laws Involved |
Service Tribunals Act (LXX of 1973),
Habib Bank Limited (Staff) Service Rules, 1981
|
| Sections |
2-A,
4,
15
|