GHULAM MURTAZA SHEIKH vs The CHIEF MINISTER, SINDH Inquiry proceedings — 2024 SCMR 1757 SUPREME-COURT

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GHULAM MURTAZA SHEIKH VS The CHIEF MINISTER, SINDH Inquiry proceedings---No opportunity provided to accused official to cross-examine witnesses---Effect---Violation of principles of natural justice and due process of law---Senior Superintendent Prison and Deputy Superintendent Jail ('the petitioners')---Penalty of reduction to lower post for 5 years and dismissal from service respectively---Legality---In the case in hand, admittedly 20 witnesses were examined who deposed against the petitioners but the inquiry officer failed to provide any opportunity to the petitioners to conduct cross-examination of such witnesses to discredit their statement or testimony---Neither the inquiry report depicted that the statements of the alleged 20 witnesses were recorded in presence of petitioners nor any right of cross-examination was provided to them---No evidence which is accusatorial to the opposite party would be admissible unless such party is afforded an evenhanded opportunity of skimming its exactitudes by cross-examination---Right of proper defence and cross-examination of witnesses by the accused is a vested right---In the present case role of inquiry officer was to sift the grain from the chaff and actually establish that the petitioners violated their assigned duties which could only be proved through evidence and if the opportunity of cross-examination was afforded to the petitioners as their defence to disprove the allegations raised against them---Inquiry officer in the present case did not adhere to the principle of natural justice and due process of law, which destroyed the whole substratum of inquiry and the case of misconduct made out by the department against the petitioners---Petitions were converted into appeals and allowed, consequently the penalty of reduction to lower post awarded to Senior Superintendent Prison by the Original and Appellate Authority, and enhanced by the Tribunal from 3 years to 5 years was set aside, and he was restored to his original position with back benefits; whereas the punishment awarded to Deputy Superintendent Jail by the Original and Appellate Authority and conversion of his compulsory retirement into dismissal from service by the Tribunal was also set aside and he was reinstated in service with back benefits.

GHULAM MURTAZA SHEIKH vs The CHIEF MINISTER, SINDH Inquiry proceedings — 2024 SCMR 1757 SUPREME-COURT

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