CHIEF EXECUTIVE PROGRESSIVE PAPERS LIMITED/ CHAIRMAN, NATIONAL PRESS
This matter concerns two civil petitions arising from a consolidated judgment of the Federal Service Tribunal, which set aside the dismissal of two employees who had been terminated for alleged unauthorized absence from duty. The core legal question was whether the disciplinary proceedings, conducted by a privately engaged advocate, were legally sound and impartial. The Federal Service Tribunal had previously determined that the impartiality of the inquiry officer was questionable and remanded the matter for fresh proceedings. Upon review, the Supreme Court of Pakistan found no illegality or infirmity in the Tribunal's decision. The Court held that the employer remained free to conduct fresh disciplinary proceedings against the employees, provided they were conducted by a fair and impartial officer. Consequently, the Court dismissed the petitions for leave to appeal, finding no merit in the employer's challenge. Furthermore, the Court criticized the petitioner for unnecessarily prolonging litigation despite the opportunity to conduct fresh proceedings, ordering the payment of costs to the respondents as a penalty for irresponsible conduct.
- Can an employer be directed to hold fresh disciplinary proceedings if the initial inquiry was conducted by an officer whose impartiality was compromised?
- Does the Supreme Court have grounds to interfere with a Federal Service Tribunal decision that remands a service matter for fresh inquiry?
- Is an employer's decision to dismiss employees for short-term absence subject to judicial review regarding the fairness of the inquiry process?
- Article 212(3), Constitution of Pakistan 1973
' KHALIL-UR-REHMAN RAMDAY, J.--- This order shall dispose of Civil Petitions Nos.2708-L and 2709 of 2004 as they arise out of the same consolidated judgment of the Federal Service Tribunal, dated 27-7-2004 and involve similar questions of law and facts.
2. On the charge of 'remaining absent from duty for two hours in the case of the private respondent in C.P. No,2708-L of 2004 and for seven hours in the case of the private respondent in C.P. 2709-L of 2004, they were both dismissed from service. The matter remained pending with the learned Service Tribunal and the Honourable High Court on account of a controversy regarding jurisdiction of the learned Tribunal which was finally settled by the High Court through a judgment, dated 17-4- 2002. The learned Tribunal then proceeded to pass the impugned judgment dated 27-7-2004 whereby the orders terminating the services of the said two respondents were set aside and the case was remanded back to the employer for fresh proceedings in accordance with law to be held by a fair and impartial officer of the said employer.
3. We have heard the learned Advocate Supreme Court for the petitioner in both these petitions at some length who could not point out any illegality or infirmity in the said impugned judgment which could have qualified the petitioner for the grant of leave in terms of Article 212(3) of the Constitution. As has been noticed above, the disciplinary proceedings against the private respondents had been held by a privately engaged Advocate whose impartiality and independence was found to be open to exception. No exception could be taken to the above- noticed opinion of the learned Tribunal or to the impugned judgment which had left the employer free to hold fresh proceedings in the matter to determine the guilt or otherwise of the said employees.
4. Having thus, examined all aspects of the matter, we find no merit in these two petitions which are accordingly dismissed and leave refused.
5. We are of the opinion that the petitioners had unnecessarily dragged the private respondents into this litigation especially in these petitions before us and moreso when the learned Tribunal had left it open to the employer to take up fresh proceedings against the said employees. In view of such an irresponsible conduct on the part of the petitioner, we direct the petitioner to pay Rs,5,000 as costs to each of the private respondents which costs shall be paid to the said respondents within one month and the copies of the receipts acknowledging the said payment shall be sent to the Assistant Registrar of this Court within the said period of time for the information of this Bench.