MUHAMMAD ABID vs GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH SECRETARY EXCISE, TAXATION AND NARCOTICS CONTROL DEP

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MUHAMMAD ABID VS GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH SECRETARY EXCISE, TAXATION AND NARCOTICS CONTROL DEPARTMENT, PESHAWAR. Article 10-A, Constitution of Pakistan---Due process and fair trial---Civil service---Misconduct, allegation of---Departmental inquiry, conducting of---Right of cross-examination, denial of---Effect---Termination/removal from service---Scope and effect. Petitioner, serving as Naib Qasid in Excise and Taxation Department, was terminated following proceedings initiated on the basis of an anonymous complaint received against him. During inquiry proceedings, three witnesses were examined, however, no opportunity was afforded to petitioner to cross-examine such witnesses. Held: Under all Civil Servants (Efficiency and Discipline) Rules, whether Federal or Provincial, a comprehensive procedure is provided for conducting departmental inquiries, which is founded upon principles of natural justice and due process of law. Right of cross-examination is an inalienable and undeniable right of an accused employee. Denial of such right amounts to deprivation and strangulation of valuable right of defence despite the same being recognized under Civil Servants (Efficiency and Discipline) Rules. Before appointing an Inquiry Officer, competent authority is required to ensure that the person appointed is familiar with and aware of the fundamental principles governing departmental inquiries. Primary purpose of departmental inquiry is to determine whether a clear case of misconduct is established against accused employee or not. The question of guilt or innocence depends upon fair and impartial outcome of inquiry. In a regular departmental inquiry, accused employee must be provided a fair opportunity of defence and where witnesses are examined against him, opportunity of cross-examination must also be afforded. Standard of proof in departmental inquiry relating to misconduct is balance of probabilities or preponderance of evidence. Where an authority is required to act in accordance with principles of natural justice, such principles must be adhered to strictly. Supreme Court set aside order of removal from service and remanded matter to competent authority for conducting de novo inquiry after providing full opportunity of defence to petitioner. Civil petition was converted into appeal and allowed accordingly.

MUHAMMAD ABID vs GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH SECRETARY EXCISE, TAXATION AND NARCOTICS CONTROL DEPARTMENT, PESHAWAR — 2026 SCMR 461 SUPREME-COURT

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