5570/2017 Const. P. Amjad Ali Pechuho (Petitioner) V/S N.B.P and Ors (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
5570/2017 Const. P. Amjad Ali Pechuho (Petitioner) V/S N.B.P and Ors (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 08-MAY-25
The Supreme Court's 2021 judgment declared the Sacked Employees Ordinance 2009 and the Act 2010 unconstitutional, rendering the Petitioner's reinstatement under the Ordinance and his higher grade claim under the Act legally questionable. This revives his original grievance regarding his 1996 termination as Officer Grade-III, weakening the Bank's defenses of a settled matter, estoppel, and laches. The legality of the 1996 termination and the fairness of subsequent proceedings, particularly the Enquiry Officer's report (no proof of willful absence), became the central point. The ultra vires declaration significantly strengthens the Petitioner's case on merit. Therefore, the Bank's competent authority is directed to reconsider its decision after hearing the Petitioner within three months, focusing on the legality of the 1996 termination order and subsequent reinstatement on a lower grade. If the termination was illegal, reinstatement to his 1996 position should be considered strictly in accordance with the law and policy of the bank. However, the observation recorded hereinabove is tentative, subject to the final decision of the respondent bank on the merits of the case. 7. This petition is disposed of accordingly.