INSPECTOR-GENERAL OF RAILWAY POLICE and others vs MUHAMMAD RAFIQ
This petition for leave to appeal challenged a judgment of the Federal Service Tribunal, which had set aside an order imposing a penalty of permanent stoppage of increments for two years against the respondent. The core legal question was whether an Inquiry Officer is legally obligated to provide an accused employee an opportunity to produce defense witnesses during disciplinary proceedings, even if the charges appear supported by the record. The Supreme Court upheld the Tribunal's decision, affirming that the inquiry proceedings were vitiated by bias and a failure to adhere to procedural fairness. The Court held that the Inquiry Officer acted under a misconception of law by denying the respondent the right to produce defense evidence, a right grounded in both the relevant service rules and the fundamental principles of natural justice. Consequently, the Court found no legal infirmity in the Tribunal's judgment, ruling that an inquiry report based on the denial of a fair opportunity to defend oneself is illegal and unsustainable. Leave to appeal was refused, reinforcing the necessity of procedural due process in departmental inquiries.
- Is an Inquiry Officer required to provide an accused employee an opportunity to produce defense witnesses during departmental proceedings?
- Does the denial of an opportunity to produce defense evidence render an inquiry report and subsequent penalty order illegal?
- Can disciplinary charges be considered proven without allowing the accused to present a defense?
- Rule 16.24, Punjab Police Rules 1934
ORDER
' AJMAL MIAN, J.---This is a petition for leave to appeal against the judgment dated 28-7-1996 of the learned Federal Service Tribunal, Camp at Lahore hereinafter referred to as the Tribunal, passed in Appeal No,93(L) of 1996, filed by the respondent against the stoppage of increments permanently for two years by an order dated 18-1-1996, allowing the same for the following reasons:-- "6. From the circumstances narrated in the preceding paragraph it comes out that the proceedings initiated against the appellant on the complaint by Mr. Ahmad Hussain Chauhan were not free from bias. The Inquiry Officer grossly violated the Rule 16.24 of the Punjab Police Rules 1934.
The persistent demand of the appellant to allow him an opportunity to produce defence witness was not listened by the Inquiry Officer. Reiteration of the grievance before the authority remained unattended and undecided. The appellate order is also silent on this point. In the circumstances the inquiry report is quite illegal and the impugned order passed on the basis of the finding of the Inquiry Officer cannot be sustained. Therefore, this appeal is accepted and the impugned order dated 18-1-1996 is set aside."
' The petitioner Railways have, therefore, filed the present petition for leave to appeal.
2. In support of the above petition Mirza Masood-ur-Rehman, learned ASC appearing for the petitioners, has contended that since the charges were proved against the petitioner on the basis of record, it was not necessary to have provided an opportunity to the respondent to produce evidence in defence.
' On the other hand, Rana Muhammad Sarwar, learned ASC for the respondent/caveator, has urged that the respondent had the right to produce the evidence under the relevant rules as well as on account of the well settled principle of natural justice.
3. The reasons found favour with the Tribunal reproduced hereinabove do not suffer from any legal infirmity. It is not true to say that the charge is proved without providing an opportunity to the person charged with to produce evidence in defence. The Enquiry Officer acted under misconception of law by taking the view that it was not necessary to provide opportunity to the respondent to produce evidence in defence, though he requested for the same. The impugned judgment does not suffer from any legal infirmity. Leave is refused.
Cited by 1 case
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