| Case ID |
2bdbfcc0-124c-4623-8f02-1c16551934ad |
| Body |
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| Case Number |
Civil Appeal No.33-K of 2018 |
| Decision Date |
Dec 26, 2022 |
| Hearing Date |
Dec 26, 2022 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by the Federation of Pakistan against the decision made by the Federal Service Tribunal. The Tribunal had converted the major penalty of dismissal from service of the respondent into a minor penalty of stoppage of one increment for a period of one year and reinstatement in service. The Court emphasized the importance of providing a fair opportunity for cross-examination of witnesses in departmental inquiries, noting that the right to a proper defense is a vested right under Article 10A of the Constitution. The Court found that the inquiry conducted against the respondent was flawed due to the lack of opportunity for cross-examination, which led to the conclusion that the inquiry report was not fair or impartial. As such, the Tribunal's decision was upheld, reinforcing the principles of natural justice and the need for thorough procedural adherence in disciplinary proceedings. |
| Summary |
This case revolves around the principles of natural justice and the procedural requirements in disciplinary inquiries against government servants in Pakistan. The Supreme Court of Pakistan reviewed the case involving Zahid Malik, who was subjected to disciplinary action leading to dismissal from service, later converted into a minor penalty by the Federal Service Tribunal. The Court underscored the necessity of adhering to due process as stipulated in the Government Servants (Efficiency and Discipline) Rules, 1973, and the Constitution of Pakistan. Specifically, the Court highlighted the right of the accused to cross-examine witnesses, which is essential for ensuring fairness in inquiries. The ruling reaffirms the significance of judicial oversight in administrative actions and the obligation of inquiry officers to conduct proceedings with integrity, thereby safeguarding the rights of civil servants. This case serves as a crucial reference for future inquiries, emphasizing the need for a comprehensive understanding of procedural laws and the principles of natural justice, making it relevant for legal practitioners and policymakers alike in Pakistan's administrative law landscape. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federal Board of Revenue
|
| Judges |
JAMAL KHAN MANDOKHAIL,
MUHAMMAD ALI MAZHAR,
SYED HASAN AZHAR RIZVI
|
| Lawyers |
Irfan Mir Halepota,
Mrs. Abida Parveen Channar,
Malik Naeem Iqbal,
Ghulam Rasool Mangi
|
| Petitioners |
FEDERATION OF PAKISTAN through Chairman Federal Board of Revenue
|
| Respondents |
ZAHID MALIK
|
| Citations |
2023 SLD 571,
2023 SCMR 603
|
| Other Citations |
Deputy Director Food and 2 others v. Akhtar Ali, Food Grains Inspector 1997 SCMR 343,
Secretary to Government of N.W.F.P, and 2 others v. Saifur Rehman 1997 SCMR 1073,
Muhammad Zaheer Khan v. Government of Pakistan through Secretary, Establishment and others 2010 PLC (C.S.) 559,
Union of India and another v. Tulsiram Patel and others AIR 1985 SC 1416
|
| Laws Involved |
Government Servants (Efficiency and Discipline) Rules, 1973,
Constitution of Pakistan, 1973
|
| Sections |
6,
10A
|