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Petitioner: IZZAT BAIG AWAN VS Respondent: HABIB BANK LIMITEDHonorable Justice SARDAR MUHAMMAD RAZADr. Babar Awan,Ajmal Kamal
2003 P L C (C
2003 P L C (C.S.) 938
[Supreme Court of Pakistan]
Present: Qazi Muhammad Farooq, Tanvir Ahmad Khan and Sardar Muhammad Raza, JJ,
IZZAT BAIG AWAN
Versus
HABIB BANK LIMITED
Civil Petition for Leave to Appeal No.1702 of 2001, decided on 23rd July, 2002.
(On appeal from the judgment, dated 10-5-2001 of the Federal Service Tribunal, Islamabad in Appeal No.98(R)CE of 2000).
(a) Bank employees-----
---- Institution of banking is one of trust reposed by public at large and Bank Authorities in peculiar nature of the duties of their employees cannot afford breach of trust by retaining in service people who are involved in criminal. cases.
(b) Service Tribunals Act (LXX of 1973)-----
----Ss. 2-A & 4---Constitution of Pakistan (1973), Art. 212(3)---Bank employee---Removal from service---Absence from duty---Involvement in criminal case---On such involvement, the Bank employee absented himself from duty---Bank Authorities issued show-cause notice and after affording opportunity of hearing to the Bank employee, removed him from service-- Service Tribunal maintained the order of removal from service---Plea raised by the employee was that his absence was unavoidable---Validity---Absence whether avoidable or unavoidable was the sole concern of the official---Bank could not afford the luxury of absence as well as loss of goodwill---Case of laxity on the part of the employee was proved and his retention in service being not in the interest of the Bank, he was rightly removed---Leave to appeal was refused.
Dr. Babar Awan, Advocate Supreme Court for Petitioner.
Ajmal Kamal, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Respondent.
Date of hearing: 23rd July, 2002.
JUDGMENT
SARDAR MUHAMMAD RAZA, J.---Izzat Baig Awan, former Cashier of Habib Bank Limited, has filed this petition for leave to appeal under Article 212(3) of the Constitution against ,the judgment, dated 10-5-2001 passed in Appeal No.98(R)CE of 2000 by Federal Service Tribunal, Islamabad, whereby the appeal of the petitioner was dismissed in limine by a two-member Bench of the Tribunal headed by the Chairman.
2. Izzat Haig Awan being a Cashier of Habib Bank Limited at Kharian Branch was removed from service on 27-1-2000 on charges of indiscipline and absence from duty. The reason for absence was his involvement in a case of F.I.R. No.233, dated 19-9-1998 under sections 302/324/337/427/147/149, P.P.C.
3. A proper show-cause notice had duly been issued to the petitioner which he had the opportunity to meet with. His absence was not only absolutely clear but besides that he had also gone into abscondence which happended to enhance his absence. The institution of bank is one of trust resposed by the public at large and they, in the peculiar nature of the duties of their employees, cannot afford the breach of trust by retaining in service people who are involved in criminal cases and whose absence therefrom, as it was in the instant case, was not only obvious but unavoidable on the part of the official concerned. The absence whether avoidable or unavoidable is the sole headache of the official but so far as the bank is concerned, it cannot afford the luxury of the absence as well as the loss of goodwill.
4. The case of laxity on part of the petitioner was proved and hence his retention in service being not in the interest of the bank, he was rightly removed. There being no merit in the petition, it is hereby dismissed and leave to appeal is refused.
M.H./I-69/S Petition dismissed.