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ISLAMABAD, Nov 11 (APP):The Supreme Court of Pakistan has ruled that no punishment — whether minor or major — can be imposed on a government employee without a formal inquiry, terming such action unconstitutional.
In a written judgment released for reporting, the apex court set aside a Lahore High Court decision and ordered the reinstatement of Hafiz Abdul Rauf, an officer of the Pakistan Agricultural Storage and Services Corporation Limited (PASSCO). The verdict was issued by a two-member bench headed by Justice Syed Mansoor Ali Shah in Civil Petition No. 1729-L/2017.
Hafiz Abdul Rauf had been serving as a Project Incharge at PASSCO when he was dismissed in 2009 on charges of forgery without any inquiry. The Lahore High Court later converted his dismissal into compulsory retirement, which he challenged before the Supreme Court.
Justice Mansoor Ali Shah, authoring the judgment, observed that an inquiry is not a mere formality but a vital element of the fundamental rights guaranteed under Articles 9, 10A, and 14 of the Constitution, ensuring life, fair trial, and human dignity.
The judgment stated that an officer cannot be penalized without clear charges, a chance to respond in writing, cross-examine witnesses, and a personal hearing. Punishment without inquiry, the court ruled, is “not administrative discretion but arbitrary action.”
As PASSCO failed to present specific evidence justifying the bypass of inquiry, the court restored Abdul Rauf’s employment and directed the department to determine his back benefits.