IFTIKHARULLAH vs SECRETARY, MINISTRY OF FOOD, AGRICULTURE AND COOPERATIVE, FOOD AND AGRICULTURE DIVISION, ISLAMABAD
This matter comes before the Supreme Court of Pakistan in an appeal filed by Iftikharullah against the Secretary, Ministry of Food, Agriculture and Cooperative, Food and Agriculture Division, Islamabad. The core legal question revolves around whether the failure to supply a copy of the inquiry report and to issue a second show-cause notice vitiates the penalty imposed on a civil servant. The Supreme Court accepted the concession made by the learned Deputy Attorney-General, based on precedent, that the omission to furnish the inquiry report and issue a second show-cause notice renders the penalty unsustainable. Consequently, the Court held that the penalty order must be set aside and directed that the proceedings be resumed from the stage of supplying the inquiry report and affording the appellant a reasonable opportunity to show cause. The key principle laid down is that natural justice requires supplying an inquiry report and issuing a second show-cause notice before imposing a penalty in disciplinary proceedings.
- Whether failure to supply a copy of the inquiry report to an employee vitiates the penalty imposed?
- Is the issuance of a second show-cause notice mandatory before imposing a penalty in disciplinary proceedings?
- What is the appropriate relief when a penalty is set aside due to procedural non-compliance in disciplinary actions?
1. MUHAMMAD HALEEM, C.J.--The learned Deputy Attorney- General states that as no copy of the inquiry report was supplied to the appellant, and no second show-cause notice was issued to him before imposing the penalty, the appeal may be allowed in terms of the decision in the case of Syed Mir Muhammad v . N . W . F . P. Government PLD 1981 SC 176 rel.
2. Accordingly, we would set aside the order imposing the penalty, and direct that the proceedings be resumed by furnishing a copy of the inquiry report to the appellant and giving him a reasonable opportunity to show-cause against the proposed order in terms of the judgment of this Court in Syed Mir Muhammad's case so as to enable the appellant to offer his explanation.
3. The appeal is accordingly disposed of but with no order as to costs.