XEN, WESTERN BAR DIVISION, MULTAN, ETC. vs ELAHI BAKHSH
This matter concerns two petitions for leave to appeal arising from a service dispute involving a Patwari, Elahi Bakhsh, who was dismissed from service in 1968. The employee challenged his dismissal in a civil suit, which resulted in a declaration that the dismissal was inoperative due to a defective inquiry, though the trial court permitted the department to hold a fresh inquiry. Subsequent appellate proceedings in the District Court and the High Court modified the scope of this permission. The employee challenged the permission for a fresh inquiry, arguing it constituted double jeopardy. Conversely, the Department argued that the civil court lacked jurisdiction due to the abatement of proceedings under the Punjab Administrative Tribunals Act, 1974. The Supreme Court held that a fresh inquiry is permissible when the initial inquiry was found to be legally defective, as this does not constitute double jeopardy. Furthermore, the Court affirmed that civil proceedings initiated before the prescribed date under the Punjab Administrative Tribunals Act, 1974, do not abate. Both petitions were dismissed, upholding the High Court's decision.
- Does a fresh departmental inquiry into misconduct constitute double jeopardy when the initial inquiry was set aside for legal defects?
- Do pending civil proceedings regarding service matters abate under Section 8 of the Punjab Administrative Tribunals Act, 1974, if they were initiated before the prescribed date?
- Can a civil court grant a declaration of illegal dismissal while simultaneously permitting the employer to conduct a fresh inquiry?
- Rule 6-A(3), Government Servants (Efficiency and Discipline) Rules 1960
- Section 8, Punjab Administrative Tribunals Act 1974
ORDER
SHAFT-UR-REHMAN, J.-This order disposes of two petitions for leave to appeal against the judgment of the Lahore High Court dated 4-10-1980.
2. Elahi Bakhsh was a Patwari serving in the Western Bar Division Multan under the Executive Engineer. He was proceeded against depart- mentally and dismissed from service on 8-2-1968. His appeal to the Superin--tending Engineer was dismissed on 3i-10-1968. He thereupon instituted a civil suit challenging his dismissal. The learned Civil Judge upheld his claim, found that the inquiry was defective in many respects and granted the usual declaration that his dismissal was against law and inoperative. In concluding the judgment, however, the learned Civil Judge observed that:- "The defendants shall be at liberty to hold fresh enquiry by following the procedure laid down by subsection (3), rule 6-A, Government Servants (Efficiency and Discipline) Rules, 1960 in case they considered it expedient and necessary."
3. The Province and its Officers who were the defendants the suit filed an appeal against the decision in so far as the civil Court had declared the dismissal to be against law. The Patwari filed cross-objections in so far as the learned Civil Judge had kept open the chances of afresh enquiry against him. The Additional District Judge by his judgment dated 26-11-1975 dismissed the appeal of the Department and upheld the cross-objection of the patwari.
4. The Department next filed a revision petition and it succeeded only to this extent that the acceptance of the cross-objections of the Patwari was set aside and the observations made by the learned trial Court with regard to fresh enquiry into the matter was allowed to stand.
5. Elahi Bakhsh Patwari by his petition challenges the decision in revision on the ground that the entire enquiry against him stood vitiated on account of lack of approval of the competent authority and that fresh enquiry in the circumstances of the case would amount to clear abuse and expose him to double jeopardy.
6. In the other petition filed by the Province of Punjab and the Officers of the Department the main ground taken up is that in view of section 8 of the Punjab Administrative Tribunals Act, 1974 the pending proceedings stood abated and that the assumption of the jurisdiction in view of such a clear provision was without jurisdiction.
7. So far as Elahi Bakhsh's appeal is concerned suffice it to say that as long as the allegation of misconduct is not competently looked into and the proceedings concluded, there would be no question of exposing him double jeopardy. He cannot have it both ways, that is, that the inquiry A being not in conformity with law should be ignored altogether and the result avoided and yet it should bar any enquiry in accordance with law. The order of the trial Judge as restored by the High Court correctly interprets and applies the law.
8. As regards the Department's petition the jurisdictional -defect alleged has already been dealt with by this Court in two cases Khan Faizullah Khan v. Government of Pakistan (1) and Islamic Republic of Pakistan v. Amjad Ali Mirza (2). As the impugned order in the case was passed before the t prescribed date the matter could be dealt with by the civil Court and did not abate.
9. Both the petitions are, therefore, without merit and dismissed.