AAMIR AKBAR vs ADDITIONAL SUPERINTENDENT OF POLICE, BAHAWALPUR S — 2025 PLC(CS) 675 SUPREME-COURT

Case information

Citation: 2025 PLC(CS) 675 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: PLC
Parties: AAMIR AKBAR vs ADDITIONAL SUPERINTENDENT OF POLICE, BAHAWALPUR S
Subject matter: Service
Provisions referred to: S. 4---G

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

AAMIR AKBAR VS ADDITIONAL SUPERINTENDENT OF POLICE, BAHAWALPUR S. 4---Government Servants (Efficiency and Discipline) Rules, 1973, R. 5---Departmental inquiry---Object, purpose and scope---Misconduct---Proof---Principle of natural justice---Applicability---Petitioner/civil servant was dismissed from service on the charges of misconduct and his appeal was also dismissed by Service Tribunal---Validity---Principles of natural justice require that delinquent should be afforded fair opportunity to contest charges before he is found guilty---No efforts were made by inquiry officer either intentionally or unintentionally to explore guilt of petitioner/civil servant---Such inquiry report could not be construed as fair and impartial, nor was it commensurate with the procedure provided under Government Servants (Efficiency and Discipline) Rules, 1973 for conducting an inquiry into allegation of misconduct---Supreme Court set aside judgment passed by Service Tribunal and order passed by authorities imposing major punishment of dismissal from service was also set aside---Supreme Court remanded the matter to departmental authorities for conducting a de novo regular inquiry into the same allegation of misconduct jotted down in the charge sheet and provide fair opportunity to petitioner/civil servant to defend the charges, as inquiry proceedings and report were defective---Supreme Court directed the authorities to pass speaking order and convey the same to petitioner/civil servant---Appeal was allowed.

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