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EJAZ AHMAD versus PRESIDENT, NATIONAL BANK OF PAKISTAN


Rr 3, 4 (1) (b) (iii), Section 5 and 6 of the Service Tribunals Act (LXX of 1973), Section 4 of the charge sheet and inquiry of the appellant who served as officer grade III in the bank. Was later removed from the job. Further charges against the appellant, transferring large sums from PLS account to existing accounts illegally, to avoid unnecessary collection of zakat, against allegations of embezzlement of huge public funds against him. It was alleged that he had illegally issued four call deposit receipts to other account holders. For the sole purpose of avoiding levying of zakat on them, such acts of the appellant allegedly misused his official position, making all allegations against the appellant of trustee infringement and gross misconduct. The grounds were found without foundation and the appellant did not misuse his position of office nor did he commit it. Violations of trust and no misconduct were found. The authorized authority had passed a mechanical order and a similar order was approved by the departmental appellate authority without the use of mind. Fines cannot be punished, in the circumstances the appeal against the plaintiff's order was accepted despite the respondents' objection that it was banned and the pending order set aside.

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