Law: Constitution of Pakistan, 1973

Section: 199

Law: General Clauses Act, 1897

Section: 24A

(a) Constitution of Pakistan--- ----Art.199---General Clauses Act (X of 1897), S.24-A---Civil service---Dismissal of daily wage employees---Reinstatement---Natural justice, principles of---Applicability---Right of hearing and right to be confronted with allegations---Scope---Petitioners were dismissed as daily wage employees of the Civil Aviation Authority ("Authority"), and sought implementation of order of High Court in their previously filed Constitutional petition whereby respondent Authority was ordered to consider case of petitioners for reinstatement after giving opportunity of hearing to the petitioners and recording a well reasoned order---Contention of petitioners was that said right to hearing was not afforded to the petitioners as per the order of the High Court---Held, that order of the High Court did not require respondent Authority to reinstate the petitioners but it required the Authority to consider their case after affording opportunity of hearing; however, neither any statement of allegations was furnished to the petitioners nor they were given adequate time and opportunity to rebut allegations by filing of written statements or producing oral evidence---Record of and complaints against, the petitioners were neither mentioned in the impugned order nor there was any discussion of veracity of such complaints---No inquiry was conducted before passing of impugned order and no statement of witnesses against petitioners was recorded and no opportunity for cross examination of any witnesses against petitioners was given to the petitioners---Although petitioners were given notice for personal hearing and were required by the Authority to sign an "undertaking" that hearing was afforded to them, but where dismissal of service was result of serious allegations of corruption; principles of natural justice must be followed not merely as a formality but as a well meaning and effective requirement of law, which included confronting the parties with statements of allegations, opportunity to rebut documents and charges against them through written and oral defence as well as cross-examination witnesses and only thereafter, a well reasoned and speaking order…

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