ISLAMABAD: While ordering Punjab Housing, Urban Development & Public Health Engineering Department to hold a re-inquiry against some officers suspected of misconduct, the SC bench held that any hasty, half-hearted inquiry would hurt the employees most. The apex court found the inquiry report unsustainable, observing that it suffers from inconsistencies and that no independent witness was examined.
A two-member bench of the apex court, comprising Chief Justice Yahya Afridi and Justice Muhammad Ali Mazhar, announced the judgment in appeals filed against the decision passed by the Punjab Service Tribunal (PST), Lahore, on December 22, 2023. Petitioners Syed Baqir Riffat Gardezi, Ejaz Ahmed (Sub Engineer) and Abdul Latif Khan Khosa were issued show-cause notices by their respective departments on allegations of misconduct.
The court directed the respondents — Secretary to the Government of the Punjab, Housing, Urban Development & Public Health Engineering Department, Lahore — that they may conduct a de novo inquiry under PEEDA 2006 on the basis of the original show-cause notices/statements of allegations, while providing the petitioners full opportunity of defence, including production of evidence and cross-examination of departmental witnesses. “No doubt the inquiry officer cannot be equated with a trained judicial officer, but at least the procedure provided for guidance should be adhered to,” says an eight-page judgment authored by Justice Muhammad Ali Mazhar.
The court held that the departmental inquiry should not be conducted in a cursory or perfunctory manner, in which the stake of employee is much higher than the employer.
The court noted that the learned counsel for the petitioners argued that the inquiry conducted against the petitioners was defective, adding that the penalty of aforementioned huge amounts was imposed without providing a proper opportunity of defence. Similarly, the learned Assistant Advocate General, Punjab, argued that disciplinary proceedings were initiated
against the petitioners under the Punjab Employees Efficiency, Discipline and Accountability Act, 2006 (PEEDA) for inefficiency and misconduct during the execution of Rehabilitation of Urban Water Supply Scheme, Fort Munro, District Dera Ghazi Khan.
The Inquiry Officer recommended a major penalty of recovery, which was imposed by the Competent Authority after reviewing the report and granting a personal hearing.
The court, however, noted that the inquiry report submitted by Shafqat Saeed, Inquiry Officer of the Punjab Housing & Town Planning Agency, Faisalabad Region, appears to rely mainly on the petitioners’ replies to the charge sheet rather than on independently gathered or corroborated evidence.
Meanwhile, the court allowed the appeals and set aside the impugned judgments of the learned PST and Office Order dated October 19, 2018, imposing recovery/fine upon the petitioners.
