Izzat Baig Awan vs Habib Bank Limited
This matter arises from a petition for leave to appeal filed under Article 212(3) of the Constitution of Pakistan 1973 against the judgment of the Federal Service Tribunal, Islamabad, which dismissed in limine the appeal of the petitioner, a former Cashier of Habib Bank Limited, challenging his removal from service. The core legal question concerns the validity of removing a bank employee from service due to prolonged absence resulting from involvement in a criminal case and abscondence. The Supreme Court held that the petitioner's absence, whether avoidable or not, impaired the trust reposed in the banking institution and justified his removal to protect the bank's goodwill and operational interests. The court established the principle that banking institutions, being repositories of public trust, cannot afford the retention of employees involved in criminal cases whose prolonged absence from duty disrupts service and harms institutional integrity.
- Can a bank employee be removed from service due to absence caused by involvement in a criminal case and abscondence?
- Whether prolonged absence from duty constitutes sufficient grounds for the removal of a bank cashier?
- Does involvement in criminal cases justify the termination of employment in institutions reposed with public trust?
- Article 212(3), Constitution of Pakistan 1973
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 337, Pakistan Penal Code 1860
- Section 427, Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
SARDAR MUHAMMAD RAZA KHAN, 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/2000 by Federal Service Tribunal, Islamabad, whereby the appeal of the petitioner was dismissed in limine by a to-member Bench of the Tribunal headed by the Chairman.
2. Izzat Baig 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 form 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, PPC.
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 happened to enhance his absence. The institution of bank is one of trust reposed 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.