ASHFAQ AHMAD vs E. D. O. (EDUCATION)
This matter comes before the Supreme Court of Pakistan upon an appeal filed by Ashfaq Ahmad against the judgment of the Service Tribunal, which had maintained the departmental appellate authority's order enhancing his penalty from recovery of salaries and stoppage of increments to termination from service. The core legal question is whether an appellate authority can enhance a punishment without affording the affected civil servant an opportunity of being heard or issuing a notice regarding the enhancement. The Court holds that enhancing a punishment without notice or hearing violates fundamental principles of natural justice and renders the order unsustainable, as does the Service Tribunal's judgment maintaining it. Consequently, the Court accepts the appeal, sets aside both the Service Tribunal's judgment and the appellate authority's order, and remands the matter back to the appellate authority to decide the appeal afresh in accordance with the law after providing notice and an opportunity of hearing to the appellant within one month.
- Can an appellate authority enhance a punishment without issuing a notice or giving the appellant an opportunity of being heard?
- Is an order of a departmental appellate authority enhancing a penalty without a hearing sustainable in law?
- What is the legal effect of a Service Tribunal maintaining an order of punishment enhancement that was passed without affording a right of hearing?
' MIAN SHAKIRULLAH JAN, J.--- The only contention raised and pressed before us that the Appellate Authority (departmental) while considering the appeal of the appellant, against the penalty of the recovery of salaries of a Naib Qasid received by him and also the penalty of stoppage of two increments, has enhanced it to that of termination/ removal him from service without any notice or hearing him in respect of the enhancement of the punishment.
2. The learned A.A.-G. Could not controvert the aforesaid contention of the learned counsel for the appellant. Being so (the punishment was enhanced by the Appellate Authority) without notice to him, the order is not sustainable and similarly that of the Service Tribunal too, while maintaining it.
Resultantly, while accepting this appeal, the judgment of the Service Tribunal as well as order of the Appellate Authority are set aside and the case is sent back to the Appellate Authority (department), where the appeal will be deemed pending, to decide it in accordance with law after giving notice to the appellant with an opportunity of hearing him, within one month after the receipt of the instant order.