Habibullah vs Province of Balochistan S — 2026 CLC 95 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2026 CLC 95 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2026
Reporter: CLC
Parties: Habibullah vs Province of Balochistan S
Subject matter: Service
Provisions referred to: S. 22---B

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

Habibullah VS Province of Balochistan S. 22---Balochistan Civil Servants (Efficiency and Discipline) Rules, 2011, Rr. 3 & 4---Major penalty, imposition of---Dismissal from service---Inquiry procedure, violation of---Scope---Petitioner, a government servant, challenged his dismissal from service on charges of corruption and absence from duty, contending that the mandatory provisions of the Efficiency and Discipline Rules, 2011, were flagrantly violated during the departmental proceedings---Validity---Record revealed that the Inquiry Officer conducted the proceedings ex parte without ensuring proper personal service of notices upon the petitioner, and no formal, regular inquiry comprising the examination of prosecution witnesses in the presence of the accused and granting opportunity of cross-examination was held, despite the serious nature of allegations involving factual controversy---Imposition of a major penalty like dismissal from service cannot be sustained on the basis of a summary or defective inquiry where the basic norms of natural justice ("audi alteram partem") are flouted---Right to cross-examine witnesses and defend oneself against departmental charges is a fundamental safeguard which cannot be dispensed with lightly---High Court set aside the order of dismissal and remanded the matter back to the competent authority for holding a fresh inquiry in accordance with the law.

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