๐๐๐ฉ๐๐ซ๐ญ๐ฆ๐๐ง๐ญ๐๐ฅ ๐๐ง๐ช๐ฎ๐ข๐ซ๐ฒ ๐๐ฎ๐ฌ๐ญ ๐๐จ๐ง๐๐จ๐ซ๐ฆ ๐ญ๐จ ๐๐ซ๐ข๐ง๐๐ข๐ฉ๐ฅ๐๐ฌ ๐จ๐ ๐๐๐ญ๐ฎ๐ซ๐๐ฅ ๐๐ฎ๐ฌ๐ญ๐ข๐๐. ๐๐ก๐ ๐๐จ๐ฏ๐๐ซ๐ง๐ฆ๐๐ง๐ญ๐ฌ ๐๐ก๐๐ฅ๐ฅ ๐๐ซ๐๐ฉ๐๐ซ๐ ๐ ๐๐๐ง๐๐๐จ๐จ๐ค ๐จ๐ ๐๐ง๐ช๐ฎ๐ข๐ซ๐ฒ ๐๐๐ฐ๐ฌ ๐๐ง๐ ๐๐ฎ๐ฅ๐๐ฌ: ๐๐
Justice Muhammad Ali Mazhar of the Supreme Court has given a judgment wherein the Court has ruled that departmental inquiry against an officer or an employee should not be conducted in a slipshod or cursory manner. It must conform to laws, rules and additionally to principles of natural justice.
The case before the Court was regarding the dismissal order of two police officials who had been dismissed from service on certain allegation. Inquiry was conducted. Statements of witnesses were recorded but the accused were not given the opportunity of cross examination, though examination in chief was recorded. The Court held that cross examination is the vested right of an accused which aims to bring the truth to light and text the witness and his statement’s veracity. Cross examination is a vital tool to reveal the truth.
In this context the Court not only emphasize that departmental inquiry must be conducted in accordance with law, rules and principles of natural justice, but the Court also urged the governments to prepare a handbook complied of all laws, rules related to departmental inquiry procedure and principles of natural justiceย for the guidance of inquiry officers.
As the accused in the instant case were not provided with the opportunity of cross examination, the Court declared the dismissal order illegal and sate aside the same, and restored the officers.
c.p._646_k_2021 (1)
