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The Petitioners were not given an Opportunity to Cross-Examine Witnesses, violating the Principles of Natural Justice --- Supreme Court of Pakistan Orders De Novo Inquiry in FIA Officers’ Misconduct Case

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Islamabad 28-02-2025: In a significant ruling, the Supreme Court of Pakistan has set aside the judgment of the Federal Service Tribunal (FST) and ordered a de novo inquiry into the disciplinary proceedings against the ASI and Head Constable, FIA, who were previously compulsorily retired on allegations of misconduct. The judgment, delivered by Mr. Justice Muhammad Ali Mazhar and Mr. Justice Syed Hasan Azhar Rizvi, emphasized violations of due process, denial of cross-examination rights, and inconsistent punishments among FIA officials.

The Petitioners were accused of allowing four passengers with fake Schengen visas to pass through Bacha Khan International Airport, Peshawar, on June 8, 2019. Following an internal inquiry, they were found guilty of misconduct and inefficiency under the Government Servants (Efficiency & Discipline) Rules, 1973 (E&D Rules) and were compulsorily retired on October 7, 2019. Their departmental appeals were rejected, prompting them to challenge the decision before the Federal Service Tribunal (FST), which upheld their retirement on April 7, 2021.

Dissatisfied, the officers moved the Supreme Court of Pakistan, arguing that their dismissal was based on a flawed inquiry, lack of substantial evidence, and selective punishment, as two senior FIA officers implicated in the same case were exonerated.

The Supreme Court of Pakistan identified serious procedural lapses in the inquiry, particularly:

The Court held that the petitioners were not given an opportunity to cross-examine witnesses, violating the principles of natural justice.
The Call Data Records (CDRs) analysis found no connection between the Petitioners and the accused passengers, contradicting the allegations.
Out of five FIA officials charged, only the petitioners received the harshest penalty (compulsory retirement), while others were either given lesser punishments or exonerated.
The Court emphasized that disciplinary proceedings must adhere to due process, and any violation of Article 10-A of the Constitution renders the inquiry invalid.

The Supreme Court of Pakistan converted the petitions into appeals, allowed them, and set aside the FST’s decision. It ordered the concerned department to conduct a de novo inquiry within three months, ensuring:

Full defense opportunities to the Petitioners.
A fresh and impartial evaluation of evidence.
Issuance of a reasoned (“speaking”) order after the inquiry.

The Court made it clear that the fate of the Petitioners’ compulsory retirement will depend on the outcome of the new inquiry.

This ruling reinforces the importance of due process in service matters and sets a precedent for ensuring fair disciplinary inquiries. Legal experts believe this decision will strengthen safeguards against arbitrary punishments and ensure equal treatment of government employees in departmental proceedings.

The Supreme Court of Pakistan verdict underscores the necessity of fair, transparent, and procedurally sound inquiries in government service cases. With a fresh inquiry ordered, the fate of the two FIA officers remains uncertain, but the ruling establishes a critical judicial check on flawed disciplinary proceedings.