MUHAMMAD MOAZZAM KHAN vs The DIRECTOR GENERAL, LAHORE DEVELOPMENT AUTHORITY, LAHORE S

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MUHAMMAD MOAZZAM KHAN VS The DIRECTOR GENERAL, LAHORE DEVELOPMENT AUTHORITY, LAHORE S. 4 (b)---Constitution of Pakistan, Arts. 4, 10-A & 25---Departmental inquiry, conducting of---Procedural propriety, absence of---Penalty of dismissal from service, imposing of---Scope---Equality of citizens---Due process---Allegation against the petitioner (an employee of respondent-LDA) was that he was involved in preparation of bogus documents/ receipts showing someone as transferee of a plot---Contention of petitioner is that he was not given opportunity to cross-examine the witnesses---Validity---Record reflects that the Inquiry Officer submitted his inquiry report, recommending imposition of minor penalty upon petitioner, however, the Competent Authority disagreed with the said recommendations and ordered for initiation of de novo inquiry---During de novo inquiry proceedings, procedural requirements of a fair trial were not followed, rather straightaway major penalty of "dismissal from service" was proposed against the petitioner---Foremost aspiration of conducting departmental inquiry is to find out whether a prima facie case of misconduct has been made out against the delinquent officer---Guilt or innocence can only be thrashed out from the outcome of inquiry and at the same time, it is also required to be seen as to whether due process of law or right to fair trial was followed or ignored while conducting inquiry---It is against the principle of natural justice to draw a conclusion adverse to the interest of a person on the basis of disputed facts either without recording evidence or providing him proper opportunity of cross-examining the witnesses and lead evidence in his defence---In a regular inquiry, it is a precondition that an evenhanded and fair opportunity should be provided to the accused and if any witness is examined against him, then a fair opportunity should also be afforded to cross-examine the witnesses---In a departmental inquiry on the charges of misconduct, the standard of proof is that of compliance of the principles of natural justice---Even there is no specific reference to the evidence or material, which urged Competent Authority (respondent)to award major penalty of "dismissal from service"---Thus, the said major penalty does not appear to be in conformity with law---High Court set-aside the impugned orders declaring the same to be illegal and without lawful authority and remitted the matter to Competent Authority (respondent) with the direction to first hold regular inquiry by providing opportunity of cross-examining the witnesses---Constitutional petition was allowed accordingly.

MUHAMMAD MOAZZAM KHAN vs The DIRECTOR GENERAL, LAHORE DEVELOPMENT AUTHORITY, LAHORE S — 2025 PLC(CS) 1128 LAHORE-HIGH-COURT-LAHORE

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