Lahore High Court Sets Aside Compulsory Retirement of Cadet College Employee, Emphasizes Right to Fair Trial in Disciplinary Proceedings
Islamabad 31-10-2024: In a significant ruling, the Lahore High Court’s Rawalpindi Bench has annulled the compulsory retirement of Zeeshan Asghar, a Junior Clerk at Cadet College Hasanabdal, emphasizing the need for a fair trial and strict adherence to procedural standards in disciplinary actions.
Mr. Justice Mirza Viqas Rauf, presiding over the case, highlighted multiple procedural irregularities in the disciplinary process that led to Asghar’s retirement. The Court found that the Cadet College had issued a vague and ambiguous show cause notice, failed to conduct a formal inquiry, and did not provide documented reasons for dispensing with the inquiry. This approach, the Court ruled, violated Asghar’s constitutional right to a fair trial under Article 10A of the Constitution of Pakistan, 1973.
The petitioner, employed since 2004, was issued a show cause notice in 2021, alleging misconduct and poor performance. The disciplinary proceedings culminated in an order for compulsory retirement, a decision upheld through his departmental appeal and review petition. Challenging the retirement, Asghar’s legal counsel argued that the disciplinary actions lacked legal foundation and constituted “double jeopardy” by relying on prior misconduct records. The Court acknowledged these arguments, referencing Article 10A and existing case law on the essential elements of a valid show cause notice.
Mr. Justice Mirza Viqas Rauf underscored that procedural regulations, particularly those in the Cadet College Hasanabdal Efficiency & Discipline Regulations, mandate a formal inquiry before imposing a major penalty like compulsory retirement. The ruling also referenced the principle of audi alteram partem (the right to be heard), stating that Asghar was deprived of his right to defend himself adequately. Previous case law, such as Sanaullah Sani Vs. Secretary Education Schools (2024 SCMR 80), was cited to reinforce that procedural deficiencies invalidate disciplinary actions.
The Lahore High Court set aside the orders for compulsory retirement, reinstating Asghar with instructions for Cadet College Hasanabdal to conduct fresh disciplinary proceedings in compliance with all regulatory requirements. Furthermore, Mr. Justice Mirza Viqas Rauf judgment directed that any back benefits would depend on the outcome of the new inquiry.
This ruling is seen as a strong reminder to government institutions and educational bodies to follow proper disciplinary procedures, ensuring that employees’ rights to a fair trial are protected.
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