Raja MUHAMMAD SHAHID vs The INSPECTOR GENERAL OF POLICE Rr — 2023 SCMR 1135 SUPREME-COURT

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

Raja MUHAMMAD SHAHID VS The INSPECTOR GENERAL OF POLICE Rr. 6(2) & 4(1)(b)(ii)---Constitution of Pakistan, Art. 10-A---Compulsory retirement---No opportunity provided of cross-examining witnesses associated with inquiry proceedings---Effect---Defective inquiry---Breach of right to fair trial---During regular inquiry it is obligatory for the inquiry officer to allow an even-handed and fair opportunity to the accused to place his defence and if any witness is examined against him, then a fair opportunity should also be afforded to cross-examine the witnesses---When the statement of a witness is not subjected to cross-examination, its evidentiary value cannot be equated---It is an onerous duty of the Inquiry Officer or Inquiry Committee to explore every avenue so that the inquiry may be conducted in a fair and impartial manner and should avoid razing and annihilating the principle of natural justice which may ensue in the miscarriage of justice---Not providing an ample opportunity of defence and depriving the accused officer from his right of cross-examining departmental representative who led evidence and produced documents against the accused is also against the right to a fair trial enshrined in Article 10-A of the Constitution---In the present case various witnesses were associated in the enquiry and their statements were also recorded but neither any opportunity was afforded to the petitioner (Accountant in police force) to conduct cross-examination, nor was it mentioned that an opportunity of cross-examination was afforded, but was declined by the petitioner---Petition for leave to appeal was converted into appeal and allowed, and it was directed that the department shall conduct de novo inquiry; that in the course of de novo inquiry, ample opportunity of hearing should be provided to the petitioner; that petitioner shall be reinstated in service subject to the refund of dues within a period of one month as received by him from the department; that the de novo inquiry shall be concluded within a period of two months and the payment of back benefits, if any, shall also be subject to the final outcome of the inquiry.

Raja MUHAMMAD SHAHID vs The INSPECTOR GENERAL OF POLICE Rr — 2023 SCMR 1135 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2023 SCMR