Tag service law

High Court quashes wrongful dismissal of a National Bank employee

Ch. Imran Hassan Ali, ASC, has successfully represented a National Bank employee before the Lahore High Court, Rawalpindi Bench, in the matter of his wrongful dismissal from employment. The petitioner was serving as an Officer Grade-II of the National Bank of Pakistan when he was dismissed from service on the basis of false allegations of abetment and facilitation of an armed robbery at Rawat branch of the bank. His appeal was dismissed by the appellate authority of the bank.

The petitioner then challenged his dismissal before the Lahore High Court through a writ petition in which he was represented by Ch. Imran Hassan Ali. The case involved intricate questions of territorial jurisdiction, labour law, employment law, and statutory or non-statutory nature of service rules. Detailed arguments were heard by the Honourable Mr. Justice Mirza Viqas Rauf on 14-12-2023, 25-01-2024, 07-02-2024 and 16-02-2024 after which judgment was reserved.

The Honourable Mr. Justice Mirza Viqas Rauf announced the judgment on 27-03-2024, allowing the writ petition and ordering reinstatement of the petitioner in bank employment. The court also ordered the bank to pay the arrears of pay and other emoluments to the petitioner since his wrongful dismissal from service.

The judgment has been reported at 2024 LHC 1165 (Muhammad Tariq Khan vs. The National Bank of Pakistan). It can be downloaded from the Lahore High Court website by clicking here.

Tags, , , , , , ,

Supreme Court quashes penalty of a civil servant; Lays down far-reaching legal principles

Ch. Afrasiab Khan, ASC, has successfully represented a civil servant (Deputy District Education Officer) before the Supreme Court of Pakistan. He had appealed from a decision of the Punjab Service Tribunal upholding the penalty imposed on him by the competent authority. On, 17-08-2023, the Supreme Court allowed the appeal and quashed the penalty. In its detailed judgment, the Court has laid down some important and far-reaching legal principles.

The Court has held that the Law intends that a show cause notice must conform to at least seven essential elements:

  1. It should be in writing and should be worded appropriately
  2. It should clearly state the nature of charge(s), date and place of the commission or omission of acts, along with apportionment of responsibility
  3. It should clearly quote the relevant clause under which the delinquent is liable to be punished
  4. It should also indicate the proposed penalty in case the charge is proved
  5. It should specify the date and time by which explanation should be submitted
  6. It should be issued under the signatures of the competent authority
  7. It should contain the time, date and place of the inquiry and the name of the inquiry officer

Secondly, the Court has held that a judicial order must be a speaking order manifesting by itself hat the court or tribunal has made an effort to resolve the questions involved for their proper adjudication. If the final order does not bear an imprint of such effort and, on the contrary, discloses arbitrariness of thought and action, the inescapable result would be that justice had neither been done nor seemed to have been done.

The title of the case is Sanaullah Sani vs. Secretary Education Schools etc. The Judgment has been reported at 2024 SCMR 80 and 2024 PLC (C.S.) 161 SC. It can also be downloaded from the Supreme Court website by clicking here.

Tags,

Imran appointed amicus curiae in a case regarding status of Punjab TEVTA employees

The Lahore High Court, Rawalpindi Bench, was pleased to appoint Ch. Imran Hassan Ali, ASC, as amicus curiae in a case pertaining to the Punjab Technical Education and Vocational Training Authority. The precise question before the Court is whether the Punjab TEVTA Employees Service Regulations, 2011, are statutory or non-statutory. The Court’s answer to this question will determine the maintainability of a writ petition before the High Court by TEVTA employees in respect of their employement related grievances. It will also determine the status of TEVTA employees and whether they are governed by the Master and Servant principle or not.

It is an honour form Imran. All praise is for Allah alone!

Tags, , , ,

Lecture by Ch. Afrasiab Khan on Service Law

On 06-10-2022, Ch. Afrasiab Khan, Advocate Supreme Court, delivered a lecture to learned members of the bar in the main Auditorium of the Rawalpindi High Court Bar Association building. The topic was “Practice of Sevice Law in the High Court”.

The lecture can be viewed on the official Youtube channel of the High Court Bar Association Rawalpindi at the following link:

Tags,