AIN-UD-DIN vs THE ACTING SECTOR COMMANDER NHMP, SHAHI BAG KALAT QUETTA — 2026 SCMR 274 SUPREME-COURT

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AIN-UD-DIN VS THE ACTING SECTOR COMMANDER NHMP, SHAHI BAG KALAT QUETTA. R. 8(2)---Constitution of Pakistan, Art. 10-A---Right to cross-examination---Scope---Departmental proceedings---Penalty of dismissal from service---Fair trial---Waiver of right of cross-examination---Scope---Inquiry Officer dispensing with the right to cross-examination without recording reasons---Validity---Where an accused does not specifically refer to his right to cross-examination in a reply to a show-cause notice, that right is not somehow waived---Such right remains intact and it is upon the Inquiry Officer to ensure that such right is told to the accused, properly afforded and if the accused does not wish to proceed with cross-examination, Inquiry Officer is to record the reasons and put that into writing---It is incumbent upon the inquiry officer to ensure that the right is not treated so casually and dispensed away with especially without any reasons recorded in writing---Right remains intact, guaranteed under Art. 10-A of the Constitution even where the accused does not make a request to cross-examine any witness at any point during the investigation process---Right to a proper defence-and, by necessary implication, the right to cross-examine-is a vested and inalienable right of the accused---Article 10-A of the Constitution casts a constitutional canopy over all proceedings, shielding the accused from being left exposed to the harsh glare of arbitrary or one-sided departmental action, as it ensures that no person is condemned unheard and that fairness permeates every stage of the disciplinary process---Order of dismissal from service and judgment of the Tribunal were set aside with a direction to conduct de novo inquiry strictly in accordance with Art. 10-A of the Constitution---Civil petition was converted into an appeal and allowed, in circumstances.

AIN-UD-DIN vs THE ACTING SECTOR COMMANDER NHMP, SHAHI BAG KALAT QUETTA — 2026 SCMR 274 SUPREME-COURT

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