NATIONAL BANK OF PAKISTAN vs AKHTAR ALI BHATTI And Other
This petition for leave to appeal was filed by the National Bank of Pakistan against a Lahore High Court order that upheld the reinstatement of a bank cashier. The respondent had been removed from service in 1982 following allegations of theft involving two currency notes totaling Rs. 150. While the Punjab Labour Court initially dismissed the respondent's grievance petition, the Punjab Labour Appellate Tribunal subsequently ordered his reinstatement without back benefits. The petitioner challenged this reinstatement through a writ petition, which was dismissed by the High Court. The Supreme Court considered whether leave to appeal should be granted in light of the circumstances. The Court held that leave to appeal was not warranted. It reasoned that the respondent had already faced significant litigation, monetary loss, and mental anguish since his removal in 1982, which served as a sufficient penalty for his misconduct. Consequently, the Court dismissed the petition, affirming the reinstatement without back benefits, establishing that prolonged litigation and the resulting hardship can serve as an adequate disciplinary consequence for minor employee misconduct.
- Whether the Supreme Court should grant leave to appeal against a High Court order upholding an employee's reinstatement where the employee has already suffered significant hardship through prolonged litigation?
- Can the mental torture and monetary loss resulting from years of litigation serve as a sufficient disciplinary consequence for an employee's minor misconduct?
ORDER
1. S. USMAN ALI SHAH, J.---This is a petition for leave to appeal filed by the petitioner against the order of a Single Judge of the Lahore High Court dated 26-2-1989 whereby their writ petition was dismissed.
2. The respondent No.1 was a Cashier in Jalalpur Jattan Branch of the National Bank of Pakistan and he was removed from service vide letter dated 9-2-1982 on the allegations of picking up two currency notes of Rs.50 and Rs.100 from its respective bundles which were received in the bank from Habib Bank Ltd. While counting the cash. These notes were recovered from him by the Manager and the respondent No.1 made a confession to this effect and thus he was removed from the service. The respondent made a grievance notice for reinstatement in the service but the same was turned down and thereafter filed grievance petition before the Punjab Labour Court which was also dismissed on 26-9-1982. Thereafter, the respondent No.1 filed an appeal before the Punjab Labour Appellate Tribunal which was accepted and he was ordered to be reinstated without back benefits vide order dated 9.5.1983. The petitioner filed a writ petition against the order of reinstatement of the respondent No.1, which was dismissed, vide order dated 26-2-1989.
3. After hearing the learned counsel for the parties and perusal of the record of the case, we have come to the conclusion that it is not a fit case in which leave to appeal can be granted. Because the respondent No.1 was removed from the Bank service on the charge of deliberately removing a small amount of Rs.150 from two bundles of cash, received from Habib Bank Ltd. As back as on 9-2- 1982. Since then, he was busy in pursuing his case for his reinstatement in service, before different departmental agencies until 9-5-1983 when he was ordered to be reinstated in service by the Punjab Labour Appellate Tribunal, without back benefits. Thereafter, it was the petitioner who dragged the respondent No.1 before the High Court as well as this Court, which is in our opinion a quite sufficient reward for his misdeed, in the form of mo4etary loss and mental torture which will be a good lesson to him for his future guidance.
4. Under the circumstances, this petition having no merits, is dismissed.