SABOOR KHAN vs CHAIRMAN WAPDA, WAPDA HOUSE, LAHORE Rr — 2022 PLC(CS) 449 SUPREME-COURT

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SABOOR KHAN VS CHAIRMAN WAPDA, WAPDA HOUSE, LAHORE Rr. 4(1)(b)(iii), 4(1)(b)(iv) & 6---Security guards (petitioners) deliberately causing injuries to their senior---'Removal from service'---During the departmental proceedings, both the petitioners had submitted an affidavit wherein they admitted the incident---However, they took the stance that it was their senior, who hurled abuses at them and pointed a rifle towards them, upon which they punched him---Such story of the petitioners appeared to be an afterthought, because, if this was the position, why they did not make a complaint against their senior and kept mum for four days until the explanation was sought from them---Inquiry was conducted by the Deputy Director Security wherein two Junior Engineers were also members---All the legal requirements for appointment of Inquiry Officer or an Inquiry Committee provided under R. 6 of the Pakistan Wapda Employees (Efficiency and Discipline) Rules, 1978 were fulfilled---Inquiry report categorically showed that four witnesses appeared against the petitioners and while recording the statement of each witness, ample opportunity was given to the petitioners to cross-examine them but they declined to cross-examine the witnesses---In the present case disciplinary proceedings were being carried out against the petitioners, therefore, there was no need to join the injured during the inquiry proceedings---Petitioners being security guards were supposed to perform their duties in a disciplined manner---Due to their conduct, the trust and faith showed by their employer was shattered resulting in loss of confidence---Manner in which the petitioners, on whom confidence was reposed to give protection and to perform their duty in a disciplined manner, attacked their supervisor repelled any consideration of treating them leniently---Petitions for leave to appeal were dismissed and leave was refused.

SABOOR KHAN vs CHAIRMAN WAPDA, WAPDA HOUSE, LAHORE Rr — 2022 PLC(CS) 449 SUPREME-COURT

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