The DIRECTOR GENERAL, INTELLIGENCE BUREAU GOVERNMENT OF PAKISTAN vs BABAR ALI SOLANGI art

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The DIRECTOR GENERAL, INTELLIGENCE BUREAU GOVERNMENT OF PAKISTAN VS BABAR ALI SOLANGI art. 10-a---Civil service---Employee of Intelligence Bureau---Removal from service---Ex-parte departmental proceedings against employee when he was incarcerated in connection with a criminal case---Constitutionality---Employee re-instated in service by the Service Tribunal after his acquittal in the criminal case on basis of a compromise---Legality---It was not disputed that not only at the time of issuing show cause notice but even at the time of the alleged inquiry, the respondent was incarcerated---Obviously, then, it was not within his control or domain to face and defend the charges of misconduct or his involvement in a criminal case as a free man---It is a most valuable and instinctive human right of every Under Trial Prisoner (UTP) and a convicted person to defend or challenge his indictment and conviction in accordance with the law---Right of proper defence is a vested right and not providing ample opportunity of defence is also against article 10-a of the Constitution---In order to answer and defend the allegations of misconduct, the personal appearance of the delinquent ought to be ensured and he should be afforded not only a right to adduce evidence and call witnesses to support his innocence, but he should also be given a fair opportunity to cross-examine the witnesses who deposed against him---In the present case during the ex-parte departmental proceedings the inquiry officer predominantly believed the police reports and challan of criminal cases and conducted the inquiry when the respondent was behind bars and his request for deferring the inquiry proceedings till the outcome of the criminal case was not accommodated and a major penalty of removal from service was recommended and imposed---Conducting ex parte proceeding, knowing that the employee (respondent) was unable to defend the charges of misconduct was nothing but a sheer violation of due process and the principles of natural justice, thus, rendering the entire exercise ineffectual and inconsequential---Petition was converted into an appeal and partly allowed, with the directions that the order of reinstatement with back benefits passed by the Service Tribunal, shall be subject to the outcome of de novo inquiry and in this regard the competent authority of the petitioner's department shall appoint an inquiry officer who should conduct an impartial regular inquiry, and during the inquiry proceedings, the respondent should be afforded ample opportunity of defence.

The DIRECTOR GENERAL, INTELLIGENCE BUREAU GOVERNMENT OF PAKISTAN vs BABAR ALI SOLANGI art — 2025 SCMR 353 SUPREME-COURT

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