Rana TAHIR HASSAN KHAN vs CAPITAL DEVELOPMENT AUTHORITY Regln — 2022 CLC 454 ISLAMABAD

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Rana TAHIR HASSAN KHAN VS CAPITAL DEVELOPMENT AUTHORITY Regln. 08.06---General Clauses Act (X of 1897), S.24-A---Misconduct---De-novo inquiry---Order without reasons---Effect--- Petitioner was employee of Capital Development Authority who was proceeded departmentally for committing misconduct---Inquiry Committee exonerated petitioner from all charges but competent authority directed to hold de-novo inquiry---Validity---No provision existed in Capital Development Authority Employees Service Regulations, 1992, that could empower authorized officer or authority to order a de-novo inquiry against officers who had already been exonerated--- Even if Regln. 08.09 of Capital Development Authority Employees Service Regulations, 1992, authorized the authority to order de-novo inquiry after the authorized officer had exonerated an officer, such power could not be exercised at mere discretion of the authority in an arbitrary manner or without plausible reasons---Office orders whereby earlier order for exoneration of petitioner was withdrawn and a de-novo inquiry was ordered were devoid of reasons---Such orders were in violation of S.24-A of General Clauses Act, 1984 and could not be sustained---No fresh material was discovered warranting a de-novo inquiry, which was to be on the same charges levelled against him in earlier inquiry, which had culminated in findings that the charges against him were not proved---High Court declared it unfair and iniquitous when charged officer succeeded before Inquiry Committee and Authorized officer exonerated him and such exoneration was approved by the authority, for such officer to be subjected to a de-novo inquiry on the same charges---High Court set aside the order conducting de-novo inquiry against petitioner---Constitutional petition was allowed, in circumstances.

Rana TAHIR HASSAN KHAN vs CAPITAL DEVELOPMENT AUTHORITY Regln — 2022 CLC 454 ISLAMABAD

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