Before the Senior Civil Judge Swabi
Muhammad Naseem S/o Muhammad Miskeen R/o Saleem Colony Muslimabad Canal Road
Mardan.
(Plaintiff)
Versus
1. Manager Summit Bank Swabi
city.
2. Head of Human Resource
Division office; plot No. 8/C4 Mumtaz Hassan Road Chundrigar Road Karachi.
3. The Chief Executive Officer
Summit Bank, Head office plot No. 8/C4 Mumtaz Hassan Road, Chundrigar Road
Karachi.
4. President Summit Bank, Head
office plot No. 8/C4 Mumtaz Hassan Road, Chundrigar Road Karachi (Defendants)
A. Suit for the declaration to the effect
that the termination order dated 23/12/2020 of the Plaintiff, issued from the
office of defendant is based on material illegality, irregularity, null and
void against law and facts and ineffective upon the right of the Plaintiff, and
Plaintiff is entitled to re-instatement in service with all full back benefits.
B. Suit for permanent/mandatory injunction
to the effect that impugned termination order dated 23/12/2020 may please be
suspended till the final decision of the case
Value for court fee value for Jurisdiction
Rs. 15000/- Rs. 5000,000/-
Cause of action:
once arose on 23/12/2020, after that defendants denied.
Respectfully Sheweth,
1. That on 16th
November 2012, Plaintiff was appointed as manager operation in cadre AVP-1 at Summit
Bank Ltd. Swabi. (Copy of appointment
letter is attached)
2. That due to excellent
performance and good financial institution experience at Bank Alfalah &
Soneri Bank Ltd of the Plaintiff, was considered by the defendants; thus Plaintiff was appointed as Manager Operation at Summit Bank at Swabi.
3. That Plaintiff performed his
duty as Manager Operation and successfully completed the probation period, his
service was confirmed by the defendants due to good performance, and good
customer relation/services.
4. That Plaintiff maintained
good academic qualification and due more than 9 years working experience in a
financial institution, thus at the time of joining SMBL the deposit stand 61.1
(M) while after joining, reached to 210 (M), the expenses also reduced more
than 53 %.
5. That service of the
Plaintiff was terminated on 23/12/2020 without any reasons and without any
notice, which is based on material illegality, irregularity, null and void against
law and facts and ineffective upon the right of the Plaintiff; thus Plaintiff
is entitled for re-instatement in services with full back benefit. (Copy
is attached)
6. That Plaintiff is innocent
and clause of two months notice/notice pay is due to under influence and void.
Plaintiff has not committed any offence and fair opportunity of fair trial as
per Article 10 of the constitution is not given to the Plaintiff.
7. That Plaintiff left Soneri
Bank due to offer of Summit Bank now the termination is based on services no
longer required , while post is still in existence against which Plaintiff
worked and performed his job to the entire satisfaction of the seniors/defendants.
8. That if the termination
order were not suspended and set aside, then Plaintiff will suffer an
irreparable losses to his career/profession, so primary object of the Court is
to give justice and to decided the case on the bases of material available on
record, as civil courts are the Court of equity.
9. That Plaintiff requested the competent authority to set a siding the impugned termination order and issued a grievance notice to the defendant; again and again, the defendants
were asked to show reasons for termination of service, but they denied, hence the
instant suit. (Copies attached)
10.
That
value for the purpose of court fee, Jurisdiction, and cause of action are
mentioned in the heading of the plaint.
So, it is therefore humbly
prayed that decree as prayed for may please be granted in favour of the Plaintiff
against the defendants, any other relief deemed fit may also be graciously
granted in favour of the Plaintiff.
Dated: 19/02/2020
Plaintiff
Through,
Advocate High Court
District Courts Mardan
Affidavit
Verified on oath that the contents
of the plaint are true and correct to the best of my knowledge and belief, and nothing
has been concealed from this Honourable Court.
DEPONENT
Muhammad
Naseem (Plaintiff)
Before the Senior Civil Judge Swabi
Muhammad Naseem Vs Manager Summit Bank
SUIT
FOR DECLARATION
Application for
permanent/mandatory injunction to the effect that impugned termination order
dated 23/12/2020 may please be suspended till the final decision of the
case
Respectfully
Sheweth,
1. That the above noted case is
being filed before this honourable Court, in which no date of hearing has yet
been fixed.
2. That is a Patitoner good prima facie case in his favour and is sanguine about its success.
3. That the balance of
convenience also lies in favour of the petitioner.
4. That petitioner will suffer an
irreparable loss if the impugned termination order was not suspended.
5. That the facts and ground in
declaratory suit may kindly be read as integral part of this petition for
status quo.
So, it is therefore prayed
that, impugned termination order
dated 23/12/2020 may please be suspended till the final decision of the
case
Plaintiff
Through,
Advocate High Court
District Courts Mardan
Affidavit
Verified on oath that the
contents of application are true and correct to the best of my knowledge and
belief, and nothing has been concealed from this Honourable Court.
DEPONENT
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