FEDERATION OF PAKISTAN And 3 Others vs MUHAMMAD ARIF GORAYA
This matter arises from a petition for special leave to appeal filed against the order of the Federal Service Tribunal, which accepted the respondent-auditor's appeal against his dismissal from service and ordered his reinstatement, while granting petitioners the choice to initiate fresh disciplinary proceedings. The respondent had been dismissed following departmental inquiries regarding a financial fraud. The core legal question concerns the legality and necessity of initiating fresh disciplinary proceedings and reinstating an employee where a preliminary enquiry and detailed departmental proceedings had already been conducted. The Supreme Court granted leave to appeal, holding that the case required further consideration as there were no conducive circumstances or necessity for a fresh enquiry given that all relevant material was already on record. The implementation of the impugned order of the Tribunal was suspended.
- Whether the Federal Service Tribunal is justified in ordering reinstatement while permitting fresh disciplinary proceedings on the same charges?
- Is a fresh departmental enquiry necessary when all relevant material has already been placed on record during previous proceedings?
ORDER
1. S. USMAN ALI SHAH, J.---This is a petition for special leave to appeal and is directed against the order of the Federal Service Tribunal, Islamabad dated 6-6-1989, whereby, appeal of the respondent against his removal from service, was accepted.
2. Briefly the facts are that the respondent was working as Auditor in TA. 1 Section of the Accountant- General of Pakistan, Revenue, Islamabad, where he was involved in a case of fraud of Rs.7,53,150, on the basis of which he was sent on forced leave which was extended till 21-2-1977 when the order of his suspension from service was passed on the said date by the A.G.P.R. The respondent was also served with a show-cause notice and the reply submitted by him to this effect was not found satisfactory. Consequently, a preliminary enquiry was constituted against him to enquire into the fraud case allegedly committed by him. He was also given an opportunity to be heard in person in his defence. The Enquiry Officer, after recording evidence found the respondent guilty of the charge and his case was referred to the F.I.A. Who recommended the case of the respondent to be proceeded departmentally. On the basis of the advice of the F.I.A., thereafter, a fresh show---cause notice was served on the respondent to which he submitted his explanation on 12-4-1983. He was given full opportunity to make his personal submissions in support of his defence. The respondent was found guilty of the charges and vide Office order dated 29-2-1984, he was dismissed from service. Departmental appeal of the respondent before the Auditor-General of Pakistan was rejected and his subsequent appeal before the Federal Service Tribunal was accepted, vide impugned order dated 6-6-1989. The respondent was ordered to be reinstated in service with immediate effect, however, the petitioners were given a choice to initiate fresh disciplinary proceedings against the respondent on the same charge, in accordance with law. Hence this petition before us for leave to appeal.
3. After hearing the learned counsel for the petitioners, we have come to the conclusion that the case of the petitioners is arguable which needs further consideration. There were no circumstances conducive for the fresh enquiry and it was not so necessary because whatever was to be enquired was already placed on the record.
4. Leave to appeal is granted and the implementation of the impugned order of the Tribunal is to be suspended till the final disposal of this appeal.
5. Appeal is to be made ready on the present record with permission to parties to file additional documents.