| Case ID |
f5b37848-14e8-4eab-923c-f555d3cd8195 |
| Body |
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| Case Number |
Infra-Court Appeal No. 67 of 1983 |
| Decision Date |
Mar 28, 1983 |
| Hearing Date |
|
| Decision |
The court dismissed the Infra-Court Appeal in limine, upholding the decision of the learned Single Judge. The court found that the employee's resignation, submitted after the issuance of the charge-sheet, did not invalidate the inquiry proceedings. The court emphasized that disciplinary actions must not be thwarted by an employee's unilateral decision to resign. Furthermore, the interpretation of the rules regarding the issuance of charge-sheets and appointments of Inquiry Officers was clarified, asserting that both must be executed by the same competent authority. The court also directed that the inquiry should be completed expeditiously within four months, highlighting the importance of timely resolution in disciplinary matters. |
| Summary |
This case revolves around an industrial dispute concerning the disciplinary action taken against bank employees. The appellant, Syed Mashhood Ashraf, challenged the inquiry proceedings initiated by the Muslim Commercial Bank after he tendered his resignation. The court's ruling clarified that resignation cannot obstruct the inquiry process, especially when it occurs post charge-sheet issuance. This case emphasizes the legal principles surrounding employee rights and the procedural requirements for disciplinary actions in banking institutions. Keywords: industrial dispute, bank service rules, resignation, disciplinary action, inquiry proceedings, constitutional petition, legal rights. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL LONE,
MANZOOR HUSSAIN SIAL
|
| Lawyers |
M. Farani
|
| Petitioners |
Syed MASHHOOD ASHRAF
|
| Respondents |
others,
MUSLIM COMMERCIAL BANK LTD.
|
| Citations |
1989 SLD 1211,
1989 PLC 276
|
| Other Citations |
Not available
|
| Laws Involved |
Bank Service Rules,
Constitution of Pakistan (1973)
|
| Sections |
16,
39,
41,
199
|