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Part-IV

 

The competent authority at Head Office has advised that the services of Mr. Zahoor Ahmed Officer Grade-II have been terminated from the Bank on account of unauthorized absence with effect from the date of absence i.e. 31.10.2014, the intervening period from the date of absence from duty till the date of termination will be treated as Extra Ordinary Leave without pay not counting towards Service, Promotion, Increase/ Increment & Pensionary Benefits etc.

 

 

 

 Therefore, he is advised accordingly with the instruction to adjust all direct/ indirect loans/ liability outstanding against him immediately, otherwise, legal proceedings will be initiated for recovery against him and his Guarantor.” There is no mention whatsoever in this Memorandum that it was passed under the National Bank of Pakistan (Staff) Service Rules, 1980. It seems that the learned Division Bench of the High Court, who has passed the impugned judgment has merely relied upon the submission of the learned counsel for the respondent and assumed the same to be correct and thereafter, proceeded on such erroneous assumption and found the Memorandum of termination from service of the respondent to be illegal.

 

10.       In our view, this very treatment of the Memorandum dated 07.04.2016 by the learned Division Bench of the High Court was not appropriate for it ought to have looked into the Memorandum to ensure and be satisfied that what was orally argued by the learned counsel for the respondent was correct. The Memorandum dated 07.04.2016 having not at all stated that it has been issued under the National Bank of Pakistan (Staff) Service Rules, 1980, finding such Memorandum to be illegal by the learned Division Bench of the High Court was absolutely erroneous and unjustified and was not in accordance with the law.

 

11.       We, therefore, find that the impugned judgment passed by the learned Division Bench of the High Court could not be sustained. The same is, therefore, set aside and the appeal is allowed.