| Case ID |
3aac03b0-275d-4e7d-b3e9-5d63b49db994 |
| 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 civil appeal filed against the judgment of the Federal Service Tribunal, which had converted the major penalty of dismissal from service into a minor penalty of stoppage of one increment for a period of one year and reinstated the respondent in service. The Court emphasized the importance of adhering to the principles of natural justice, particularly the right to cross-examine witnesses during inquiry proceedings. It was concluded that the inquiry conducted against the respondent did not provide a fair opportunity for cross-examination, thereby violating Article 10A of the Constitution. The Court underlined that the right to a proper defense and the ability to challenge evidence is a vested right, and failure to provide such rights undermines the integrity of the inquiry process. |
| Summary |
This case involves a civil appeal where the Supreme Court of Pakistan addressed significant issues regarding the rights of government servants during disciplinary inquiries. The focus was on the procedural safeguards that ensure fairness, particularly the right to cross-examine witnesses as enshrined under Article 10A of the Constitution of Pakistan. The Supreme Court found that the inquiry officer failed to provide the respondent with a fair opportunity to challenge the evidence against him, effectively denying his right to a proper defense. This ruling reinforces the principles of natural justice and highlights the necessity for inquiry officers to conduct proceedings in a transparent and just manner. It sets a precedent for future cases where the rights of individuals in disciplinary proceedings may be at stake. The case has implications for the administration of justice, emphasizing that all judicial and administrative authorities must approach their duties judiciously and without bias. |
| 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, Advocate Supreme Court,
Mrs. Abida Parveen Channar, Advocate-on-Record,
Malik Naeem Iqbal, Advocate Supreme Court,
Ghulam Rasool Mangi, Advocate-on-Record
|
| Petitioners |
FEDERATION OF PAKISTAN through Chairman Federal Board of Revenue FBR House, Islamabad and others
|
| 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
|