| Case ID |
eda36af7-a621-4005-b5b1-b439fa4cda82 |
| Body |
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| Case Number |
Civil Petitions for Leave to Appeal Nos. 249 and 3 |
| Decision Date |
Oct 27, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petitions for leave to appeal as infructuous, stating that the grievances raised by the petitioner, Muhammad Akram Khan, had been rectified following a directive from the Prime Minister. The Court determined that the issues at hand had become academic, as the Prime Minister's directive to antedate Khan's promotion effectively resolved the matter at stake. The Court also recognized that the Wafaqi Mohtasib's previous orders had been set aside by the High Court, and thus, there was no further jurisdiction for the Ombudsman in this case. Consequently, the petitions were dismissed without any further action required. |
| Summary |
In the case of Civil Petitions for Leave to Appeal Nos. 249 and 310 of 1992, the Supreme Court of Pakistan addressed the grievances of Muhammad Akram Khan, who alleged that the National Bank of Pakistan was not complying with a prior Supreme Court order. This order was related to his promotion and the implementation of his rights as an employee. The Wafaqi Mohtasib intervened to direct the Bank to comply with the Supreme Court's ruling, but the Bank challenged this decision in the Sindh High Court, which declared the Ombudsman's order illegal. The Supreme Court ultimately found that the issues had been resolved by a directive from the Prime Minister, which antedated Khan's promotion, thus rendering the petitions moot. The Court emphasized the importance of adhering to higher court orders and the jurisdictional limitations of the Wafaqi Mohtasib under the relevant laws. This case highlights the intricate balance of administrative justice and the role of various legal entities in the enforcement of employee rights within governmental and financial institutions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
National Bank of Pakistan,
Wafaqi Mohtasib (Ombudsman)
|
| Judges |
NASIM HASAN SHAH, C.J.,
MUHAMMAD RAFIQ TARAR,
MANZOOR HUSSAIN SIAL, JJ
|
| Lawyers |
S.M. Zafar, Advocate
|
| Petitioners |
Muhammad Akram Khan,
WAFAQI MOHTASIB (OMBUDSMANS SECRETARIAT), ISLAMABAD through S.Q.H. Zahidi, Adviser, Administration
|
| Respondents |
NATIONAL BANK OF PAKISTAN, KARACHI through Vice President and others
|
| Citations |
1994 SLD 708,
1994 SCMR 979
|
| Other Citations |
Not available
|
| Laws Involved |
National Bank of Pakistan (Staff) Service Rules, 1980,
Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order (1 of 1983),
Constitution of Pakistan (1973)
|
| Sections |
37(e),
37(h),
9,
185(3)
|