Employees who are Similarly Placed and facing Similar Charges cannot be Treated Differently --- Supreme Court of Pakistan
Islamabad 07-10-2024: The Supreme Court of Pakistan has upheld the decision of the High Court of Balochistan to reduce the penalty imposed on a National Bank of Pakistan (NBP) officer from dismissal to a one-step pay scale downgrade, emphasizing the principles of proportionality, fairness, and non-discrimination in disciplinary proceedings.
The case, National Bank of Pakistan through its President vs. Roz-ud-Din, involved the dismissal of the respondent, Roz-ud-Din, an Officer Grade-II at NBP's Harnai Branch, for alleged irregularities in ATM cash handling and maintenance. The dismissal was imposed through a memorandum dated 15th December 2020, after an internal inquiry. The High Court of Balochistan had earlier modified this dismissal order, reducing the penalty to a one-step downgrade in pay scale.
During the hearing, the Supreme Court highlighted that two other officers, who faced similar charges arising from the same incident, were awarded lesser penalties of a one-step downgrade. The Court noted that singling out Roz-ud-Din for the harsher penalty of dismissal was both unfair and discriminatory, violating Article 25 of the Constitution, which ensures equality before the law and equal protection of rights.
The Court further underscored the need for proportionality in disciplinary actions, stating that penalties should correspond to the magnitude of the offense. Relying on the precedent set in “Secretary to Government of the Punjab, Food Department, Lahore and another v. Javed Iqbal and others” (2006 SCMR 1120), the Court emphasized that punishment should be commensurate with the nature of the guilt, especially when other similarly placed employees received lesser penalties.
The judgment also referred to a confession made by the primary accused, Branch Manager Babar Butt, during the inquiry, which absolved Roz-ud-Din of direct involvement in the alleged ATM irregularities. The Court noted that while Roz-ud-Din may have failed to strictly adhere to certain procedural guidelines, there was no evidence of gross misconduct or embezzlement.
“Employees who are similarly placed and facing similar charges cannot be treated differently. This violates the principles of equality and fairness, and undermines the safe administration of justice,” stated the judgment, affirming the High Court’s modification of the penalty.
The Supreme Court’s decision sets an important precedent for ensuring fairness and consistency in disciplinary actions, especially in cases involving multiple employees accused of the same offense. By rejecting the petition of the National Bank of Pakistan, the Court reinforced its stance on the equitable treatment of employees and the requirement of proportionality in administrative punishments.
The petition filed by the National Bank of Pakistan was dismissed, and the leave to appeal was refused.
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