Penalties imposed without Adherence to Due Process and Natural Justice would not sustain Judicial Scrutiny --- Supreme Court of Pakistan Sets Aside Dismissal and Orders Fresh Inquiry

Islamabad 11-03-2025: In a significant ruling emphasizing fair trial rights, the Supreme Court of Pakistan has set aside the dismissal order of a Civil Servant for procedural irregularities in the departmental inquiry. A three-member bench comprising Mr. Justice Amin-ud-Din Khan, Mr. Justice Muhammad Ali Mazhar, and Mr. Justice Syed Hasan Azhar Rizvi found serious breaches of Natural Justice principles and procedural guidelines as stipulated under Rule 7 of the Punjab Civil Servants (Efficiency & Discipline) Rules, 1999.

The Petitioner, a Junior Clerk at DPO Bahawalnagar’s office, was dismissed on charges of habitual lateness, unauthorized absences, and alleged involvement in immoral activities. However, the Supreme Court of Pakistan observed that the departmental inquiry conducted against petitioner/employee was informal and failed to meet the procedural standards required by law, including the rights to cross-examine witnesses and present evidence.

The Court underscored the constitutional guarantee of a fair trial under Article 10-A, emphasizing that penalties imposed without adherence to due process and Natural Justice would not sustain judicial scrutiny. Consequently, the Court directed the Punjab Police Department to conduct a fresh, comprehensive inquiry within two months, strictly in line with legal procedures and fairness.

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