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ISLAMABAD, Dec 09 (APP): The Supreme Court has ruled that dismissing an employee without proper evidence is contrary to the principles of justice. The judgement came in an appeal filed by Saeed Ahmed, a former employee of Nestlé Pakistan, challenging his termination.
A bench comprising Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, and Justice Aqeel Ahmed Abbasi authored the verdict, holding that the failure to summon essential witnesses constituted a serious legal flaw, rendering the Sindh High Court’s decision unsustainable.
The court noted that during the departmental inquiry, neither the doctor nor the administrator of the dental clinic—who could verify the disputed medical bill—were called as witnesses. This omission, the court observed, was a violation of the Inquiry Officer’s basic legal duty.
Saeed Ahmed, a permanent employee for 18 years, had submitted a medical claim of Rs10,000 for dental treatment. The company alleged that the actual payment was Rs7,000 and accused him of submitting a forged receipt. Based on this, he was dismissed in 2016.
A single-member bench of the NIRC had upheld the company’s stance, but a full bench set aside that decision and ordered the employee’s reinstatement. The Sindh High Court later overturned the full bench’s ruling, reinstating the single-member decision. Saeed Ahmed then appealed to the Supreme Court.
The Supreme Court observed that four different receipts were on record, making it essential to clarify the discrepancy. It held that the doctor’s testimony was crucial and could have been the “star witness” of the case. Punishing an employee merely on suspicion without verified evidence, the court said, violates the fundamentals of fairness and natural justice.
Concluding that the inquiry suffered from serious procedural defects, the court ruled that the punishment could not stand. It set aside the Sindh High Court judgment and decided the case in favour of the employee.