SC sets aside dismissal of PDA employees over denial of fair hearing

ISLAMABAD, Sep 30 (APP):The Supreme Court has set aside the dismissal and subsequent compulsory retirement of two Peshawar Development Authority (PDA) employees, ruling that departmental proceedings were vitiated by denial of a fair and meaningful opportunity of defence.

A bench comprising Justice Rozi Khan Barrech and other judge(s) observed that the allegations relied upon against the employees were materially different from those contained in the original charge-sheets, while they were also not provided an opportunity to cross-examine witnesses during the inquiry.

The case related to an alleged fraudulent transfer of a two-kanal plot in Hayatabad, Peshawar. The employees were initially dismissed from service, but the Peshawar High Court had converted the punishment into compulsory retirement while maintaining the finding of misconduct.

The Supreme Court held that an employee could not be punished for allegations that were not part of the charge-sheet. If the case against an employee was materially altered or enlarged during proceedings, he must be given an effective opportunity to respond to the new allegations.

The court also noted that the alleged transfer of the plot was intercepted before completion and no actual financial loss had been caused to the PDA or the public exchequer.

It held that the defect in the disciplinary proceedings went to the root of the matter and could not be cured merely by reducing the punishment.

The court consequently set aside the Peshawar High Court judgment and the findings of misconduct and punishment against the petitioners.

It further observed that where an unlawful dismissal was set aside, reinstatement generally carried restoration of salary, allowances, increments and other service benefits for the intervening period, subject to lawful deductions or exceptions.