MUHAMMAD NIAZ KHAN vs R.P — 2025 SCMR 1916 SUPREME-COURT

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MUHAMMAD NIAZ KHAN VS R.P.O. SHEIKHUPURA REGION AT LAHORE S. 5---Punjab Service Tribunal---Powers---Disciplinary actions---Principle of proportionality, applicability of---Four-step test---Scope---Petitioner (Sub-Inspector) was proceeded against on allegations pertaining to faulty investigation by him, and was awarded major penalty of dismissal from service; on departmental appeal, the penalty was reduced to a two-stage reduction in pay while he was reinstated into service---Petitioner approached the Punjab Service Tribunal ('Tribunal'), seeking reinstatement with effect from the date of his original dismissal, along with all consequential benefits, however , the Tribunal modified the penalty from a two-stage to a one-stage reduction in pay ('impugned order')---Validity---Record revealed that, through impugned order , the Tribunal found that although an investigation had been conducted, yet the prosecution failed to produce even a shred of evidence to substantiate the allegations---The principle of proportionality provides a structured framework for judicial review of administrative actions ; it involves a four-step test: (i) the measure must pursue a legitimate aim; (ii) be suitable to achieve that aim; (iii) be necessary, in that no less restrictive alternative exists; and (iv) strike a fair balance between the measure's impact on individual rights and the public interest---Adopting said four-stage test to assess the legality and fairness of administrative and disciplinary decisions, ensures that any interference with rights is justified, necessary, and lawful---In the present case, the Tribunal's own findings confirmed that there was no credible evidence, documentary or oral, linking the petitioner to the alleged misconduct---No regular inquiry was held, and the principles of natural justice were violated---In such circumstances, the very first limb of the proportionality test i.e., legitimacy failed---Without proven misconduct, there can be no legitimate objective warranting disciplinary action---Any penalty, however minor, is thus disproportionate by default---The absence of evidence removes the legal basis for any sanction---Thus, the impugned order was untenable in both law and fact---Once the Tribunal determined that the charges were unsubstantiated, the only legally viable course was to exonerate the petitioner---The imposition of any penalty, absent proven misconduct, constitutes a violation of natural justice and results in a manifest miscarriage of justice---The Tribunal's decision, being internally inconsistent and contrary to constitutional norms, was accordingly set aside---The petitioner stood exonerated and was directed to be reinstated in service from the date of his original dismissal, with all consequential benefits---Accordingly, petition was converted into an appeal and was allowed.

MUHAMMAD NIAZ KHAN vs R.P — 2025 SCMR 1916 SUPREME-COURT

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