Mst. FIRDOUS BATOOL vs EXECUTIVE DISTRICT OFFICER and another
This matter arises from a petition impugning the judgment of the Service Tribunal, which had dismissed the petitioner's appeal against the imposition of a major penalty of reduction in rank from SST to EST without a regular inquiry. During the hearing, learned counsel for the respondents conceded that the nature of the allegations levelled against the petitioner required a fact-finding inquiry despite the dispensation of a regular inquiry under section 5 of the relevant statute, and thus did not support the impugned judgment. The Supreme Court converted the petition into an appeal, set aside the impugned judgment, and held that the nature of the allegations necessitated the recording of evidence and a regular inquiry. The Court laid down the principle that where allegations are of a nature requiring the recording of evidence, a fact-finding inquiry must be held, and granted permission to the respondent-department to conduct a fresh inquiry within four months.
- Can a major penalty of reduction in rank be imposed without holding a regular inquiry when the nature of the allegations requires the recording of evidence?
- Whether the Supreme Court can set aside a Service Tribunal judgment and permit a fresh departmental inquiry?
- Section 5, Punjab Employees Efficiency, Discipline and Accountability Act 2006
ORDER
' KHILJI ARIF HUSSAIN, J.--- The petitioner impugns the judgment of the Service Tribunal, whereby his appeal was dismissed.
2. Learned counsel for the petitioner contends that without holding a regular inquiry in respect of alleged charge against the petitioner, major penalty of reduction in the rank from the post of SST to EST has been imposed.
2-A. After arguing the case at some length, learned Advocate Supreme Court for the respondents contended that though a regular inquiry was dispensed with in terms of section 5 of the Punjab Employees Efficiency, Discipline and Accountability Act, 2006, but the nature of the allegation levelled against the petitioner require a fact finding inquiry and accordingly not supported the judgment impugned.
3. For the foregoing reasons, we are satisfied that the nature of the allegations requires recording of the evidence, therefore, this petition is converted into appeal and the impugned judgment is set aside however the respondent-department, if so desires, can hold a fresh inquiry against the petitioner within four months from the date of this order. Disposed of accordingly.
Cited by 1 case
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