MUHAMMAD IQBAL Versus FEDERATION OF PAKISTAN
This appeal by leave of the Court challenges the judgment of the Federal Service Tribunal upholding the reversion of the appellant from the post of Staff-car Driver to Naib-Qasid on allegations of misconduct involving the damage and replacement of vehicle tyres. The core legal question was whether a major penalty of reversion based on allegations amounting to theft and gross negligence could be imposed without conducting a regular departmental inquiry. The Supreme Court held that where the charge involves serious allegations such as theft, a regular inquiry must be held to record evidence and afford the accused an opportunity of cross-examination, especially in the absence of a written decision by the authorized officer dispensing with the inquiry. The appeal was accordingly accepted, the impugned judgment set aside, the appellant's employment as Driver restored, and a direction issued for a regular inquiry to be conducted in accordance with law.
- Whether a regular inquiry is mandatory before imposing a major penalty for misconduct involving allegations of theft?
- Can an employee be penalized for misconduct without being afforded an opportunity of hearing and cross-examination?
- Is it necessary for the authorized officer to record written reasons for dispensing with a regular inquiry?
SAJJAD ALI SHAH, CJ.‑‑‑ This appeal, with leave of the Court, calls in question judgment, dated 21st February, 1993, of the Federal Service Tribunal, Islamabad, whereby appeal of appellant against his reversion is dismissed.
2. Appellant was employed in the Ministry of Law and Parliamentary Affairs (Law Division), Government of Pakistan, as Peon/Qasid (Grade‑I). He was offered the post of Staff‑car Driver in the Parliamentary Affairs Division in Grade IV vide letter of appointment, dated 9th February, 1980. It is mentioned in that letter that appointment is adhoc in nature, and is liable to termination on notice of 14 days or salary in lieu thereof. It is further mentioned in the said letter that appointment will not confer on appellant claim for or title to permanent retention in that Division.
3. Vide notice 30th May, 1992, appellant was called upon to show cause why one of the major penalties may not be imposed on him on the ground of misconduct as he had damaged new tyres or replaced them with old ones after running of only 13,000 kilometres. Appellant was also called upon to state whether he desired to be heard in person.
4. Appellant replied this notice, in writing, and claimed that staff car was driven by several other Drivers and he had complained about defect in wheel alignment which had caused damage to the tyres. Allegation of negligence or misconduct was denied. Vide Office Order No. 64 of 1992 explanation of appellant was rejected as unsatisfactory, and he was reverted to the post of Naib‑Qasid in the Law and Justice Division. Appellant did not succeed in his departmental appeal, and filed service appeal before Federal Service Tribunal which was dismissed as stated above.
5. Service Tribunal has held that appellant is either quilty of gross negligence or had replaced new tyres with old tyres with mala fide intention; hence impugned order was justified. It was further observed that the Department had been lenient to the appellant who was only reverted. There is no dispute about the fact that regular inquiry was not held on the charge of misconduct particularly when there was allegation of theft. Appellant stated before us that no inquiry was held and he was not given hearing. If there was charge against him of theft, the same should have been proved and evidence in that regard should have been recorded with opportunity to him of cross?-examination of witnesses. Departmental representative who was present in Court, on our inquiry informed that in the record there was no order, in writing, that authorized officer decided that it was not necessary to have regular inquiry, and further appellant was not informed in writing, that for what reasons regular inquiry would not be held in his case. We are of the view that in the circumstances when allegation was of theft of new tyres and their replacement with old tyres and on that ground penalty of reduction is awarded, it was necessary to hold regular inquiry for the purpose of recording evidence in proof of allegation.
6. We, therefore, set aside the impugned judgment and direct that employment of appellant in the Parliamentary Affairs Division as Driver be restored and regular inquiry be held against him in accordance with law.
AA./M‑2200/S ?????????????????????????????????????????????????????????????????????? ??????????? Appeal accepted.