Ch. MIAN KHAN vs DIRECTOR GENERAL, TELEGRAPH AND TELEPHONES, ISLAMABAD
This matter arises from a petition for leave to appeal against the judgment of the Federal Service Tribunal, which dismissed the petitioner's service appeal challenging his compulsory retirement resulting from disciplinary action. The core legal question raised before the court is whether the failure to supply a copy of the inquiry report to a civil servant before taking adverse disciplinary action vitiates the penalty of compulsory retirement. The Supreme Court of Pakistan held that the contention regarding the non-supply of the inquiry report raises a substantial question requiring consideration and granted leave to appeal. The key principle laid down is that an employee facing disciplinary proceedings must be provided with the inquiry report prior to the imposition of a penalty, failing which the matter warrants a detailed examination by the appellate court.
- Does the non-supply of an inquiry report to a civil servant before taking adverse disciplinary action vitiate the penalty of compulsory retirement?
- Is a civil servant entitled to receive a copy of the inquiry report prior to the final orders in disciplinary proceedings?
ORDER
1. MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment, dated 12-2-1984 of the Federal Service Tribunal; whereby petitioner's service appeal against order of his compulsory retirement on account of disciplinary action, was dismissed.
2. Learned counsel, amongst others, has contended that the inquiry report was not supplied to the petitioner before the impugned action was taken. He has, in this behalf, relied on Syed Mir Muhammad v. N.-W. F. P., Government through Chief Secretary PLD 1981 SC 176 and Federation of Pakistan and 2 others v. Abdul Razzaq 1983 SCM R 229.
3. This question, amongst others, raised needs consideration. Leave to appeal accordingly is granted.
4. The appeal shall be prepared on the same record with liberty to the parties to file additional documents, if necessary.
5. The appeal arising out of this petition will be heard with similar other service matters wherein the question of non-supply of inquiry report is involved.