FAYYAZ HUSSAIN vs NATIONAL RADIO TELECOMMUNICATION CORPORATION
This appeal arises from a service matter where the appellant challenged his dismissal from service by the National Radio Telecommunication Corporation (NRTC). The core legal question was whether the disciplinary proceedings, which resulted in the appellant's dismissal for misconduct, were conducted in accordance with the law, and whether the Service Tribunal's decision to uphold the dismissal on merits and limitation grounds was sustainable. The Supreme Court of Pakistan affirmed the Tribunal's decision, holding that the disciplinary inquiry was conducted fairly, with the appellant being provided full opportunity to cross-examine witnesses and present a defense against the charge of filing a false complaint. The Court found no legal infirmity in the Tribunal's conclusion that the appellant was guilty of misconduct. Furthermore, the Court observed that since the appeal was dismissed on merits, the issue of limitation became academic and inconsequential to the final outcome. The judgment reinforces the principle that where a domestic inquiry is conducted in compliance with due process and the findings of misconduct are supported by the record, judicial interference is not warranted.
- Is a dismissal from service based on a domestic inquiry valid if the employee was given full opportunity to cross-examine witnesses and present a defense?
- Does an appellate court need to decide the issue of limitation if the appeal is already dismissed on merits?
- Can a court interfere with a service tribunal's findings of fact regarding misconduct if no legal infirmity is demonstrated?
ORDER
1. ' This appeal was dismissed by the Tribunal on merits as well as on the ground of limitation. The Hon'ble Tribunal held on merits as follows:-- "3. The contentions of the learned counsel for the appellant have been considered. The appellant is seeking remedy before us after a period of nearly 14 years. The facts of the case have been narrated above. Show-cause notice was issued to the appellant, on 25-11-1984, stating that he made false complaint to the General Manger, NRTC with copies to high ranking officers that a relative of an influential employee of NRTC had supplied substandard goods. On the receipt of this complaint, an inquiry was conducted by the Inquiry Officer and it was found that the complaint made by the appellant was baseless and false. The appellant was given full opportunity of cross- examining the witnesses and to produce defence witnesses. Inquiry Officer gave a finding that the charge against the appellant stood proved. The General Manager issued final show-cause notice, on 29-12-1984. After going through the inquiry proceedings and the inquiry report, the competent Authority, the General Manager, found the appellant guilty of misconduct and he passed an order of dismissal on 31-12-1984. The record shows that proper inquiry had been conducted and there was no illegality warranting interference with the impugned order of dismissal of the appellant."
2. There appears to be no legal infirmity in the above findings of the Tribunal. Since the appeal was dismissed by the Tribunal on merit, the contention that the view taken by the Tribunal that the appeal was also barred by limitation is of no consequence as in spite of reversal of the finding of the learned Tribunal on the question of limitation, the end result will be the same.
3. ' No case for interference with the judgment of the Tribunal is made out The appeal is dismissed but there will be no orders as to costs.