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MUHAMMAD SHAFIQUE vs The ADDITIONAL FINANCE SECRETARY (BUDGET) GOVERNMENT OF PAKISTAN, ISLAMABAD R — 2022 PLC(CS) 47 SUPREME-COURT

Case information

Citation
2022 PLC(CS) 47 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
PLC
Parties
MUHAMMAD SHAFIQUE vs The ADDITIONAL FINANCE SECRETARY (BUDGET) GOVERNMENT OF PAKISTAN, ISLAMABAD R
Subject matter
Service

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD SHAFIQUE VS The ADDITIONAL FINANCE SECRETARY (BUDGET) GOVERNMENT OF PAKISTAN, ISLAMABAD R. 4(1)(b)(i)---Constitution of Pakistan, Art. 10A---Malpractice, misconduct and misuse of official decision---Major penalty of reduction to lower post--- Whether employee (appellant) was provided a proper right of defence during inquiry proceedings---Held, that departmental proceeding against the appellant was initiated on issuing show cause notice with the statement of allegations, the appellant submitted reply to the show cause notice and since his reply was not found satisfactory, therefore, an impartial domestic inquiry was conducted against him---During the inquiry proceedings, ample opportunity was afforded to the appellant, his statement was also recorded and before taking disciplinary action, second show cause notice was also issued to him---Even in the departmental appeal, the right of audience was provided by the appellate authority to the appellant---Right to a fair hearing and or trial necessitated that a person should be afforded a fair opportunity to defend the inquiry or trial against him---In the present case, it was clearly manifesting from the record that proper right of defence was provided to the appellant in the inquiry proceedings before taking disciplinary action---No bias, unfairness or partiality was alleged or pointed out against the inquiry committee which might have any element to cause prejudice or setback to the case of appellant during inquiry---Appeal was dismissed and major penalty of reduction to lower post was maintained.

Other judgments reported in 2022 PLC

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