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Violation of Natural Justice and Fundamental Rights due to Revocation of Appointment --- Lahore High Court, Lahore directed the Respondent Department to proceed with the Petitioner’s appointment in accordance with the Law

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Islamabad 09-12-2024: In a significant judgment, the Lahore High Court, Rawalpindi Bench, presided by Mr. Justice Anwaar Hussain, set aside the withdrawal of a police constable’s appointment as Sub-Inspector, terming it a violation of natural justice and fundamental rights.

The Petitioner, Ehtisham Ali, initially serving as a constable in the Punjab Police, qualified for the position of Sub-Inspector through the Punjab Public Service Commission (PPSC). Despite clearing the written examination, interview, and medical tests, his appointment was revoked following the registration of an [FIR No. 269/2023] under Section 392 of the Pakistan Penal Code, 1860. However, the Petitioner was later acquitted by a competent Court under Section 249-A of the Code of Criminal Procedure, 1898, as no evidence supported the allegations against him.

The Court observed that the second departmental inquiry conducted against the Petitioner was procedurally flawed. It was carried out without his participation, violating his constitutional right to a fair process under Article 10-A of the Constitution of Pakistan.

Mr. Justice Anwaar Hussain criticized the paradoxical approach of the respondent department, which allowed the Petitioner to continue serving as a constable but denied his promotion to Sub-Inspector on the same grounds. The Court termed this discriminatory and unreasonable.

The Court underscored the Petitioner’s fundamental right to livelihood, stating that withdrawing his appointment without lawful justification amounted to an infringement of this constitutional right.

The judgment reaffirmed that decisions by Courts of competent jurisdiction, such as the Petitioner’s acquittal, take precedence over administrative actions unless contradicted by substantive evidence.

The Court allowed the Writ Petition and directed the respondent department to proceed with the Petitioner’s appointment as Sub-Inspector in accordance with the law. The withdrawal order dated 30.04.2024 was declared void, and the department was instructed to ensure compliance with constitutional and procedural principles.