| Citation(s) |
|---|
| 2023 SLG 571 2023 SLD 571 2023 SCMR 603 |
Supreme Court of Pakistan
Civil Appeal No. 33-K of 2018, decision Dated: 26th December, 2022. (On appeal against judgment Dated 25.07.2017 passed by Federal Service Tribunal, Karachi Bench in Appeal No. 191(K)CS/2015). heard on: : 26th December, 2022.
JAMAL KHAN MANDOKHAIL, MUHAMMAD ALI MAZHAR AND SYED HASAN AZHAR RIZVI, JJ
Irfan Mir Halepota, Advocate Supreme Court and Mrs. Abida Parveen Channar, Advocate-on-Record for Appellants. Malik Naeem Iqbal, Advocate Supreme Court and Ghulam Rasool Mangi, Advocate-on-Record for
Respondent.
Civil Appeal No. 33-K of 2018, decision Dated: 26th December, 2022. (On appeal against judgment Dated 25.07.2017 passed by Federal Service Tribunal, Karachi Bench in Appeal No. 191(K)CS/2015). heard on: : 26th December, 2022.
JAMAL KHAN MANDOKHAIL, MUHAMMAD ALI MAZHAR AND SYED HASAN AZHAR RIZVI, JJ
Irfan Mir Halepota, Advocate Supreme Court and Mrs. Abida Parveen Channar, Advocate-on-Record for Appellants. Malik Naeem Iqbal, Advocate Supreme Court and Ghulam Rasool Mangi, Advocate-on-Record for
Respondent.
FEDERATION OF PAKISTAN through Chairman Federal Board of Revenue FBR House, Islamabad and others
VS
ZAHID MALIK
Law: Government Servants (Efficiency and Discipline) Rules, 1973
Section: 6
Law: Constitution of Pakistan, 1973
Section: 10A
(a) Government Servants (Efficiency and Discipline) Rules, 1973 [since repealed]--- ----R. 6---Constitution of Pakistan, Art. 10A---Inquiry proceedings---Right of accused to cross-examine witnesses deposing against him---Scope---Right of proper defence and cross-examination of witnesses by the accused is a vested right---Whether the evidence is trustworthy or inspires confidence could only be determined with the tool and measure of cross-examination---Possibility cannot be ruled out in the inquiry that a witness may raise untrue and dishonest allegations due to some animosity against the accused which cannot be accepted unless he undergoes the test of cross-examination which indeed helps to expose the truth and veracity of allegations---Not providing an ample opportunity of defence and depriving the accused from right of cross-examination of departmental representative who lead evidence and produced documents against the accused is against Article 10A of the Constitution. In a regular inquiry, it is a precondition that than an evenhanded and fair opportunity be provided to the accused and if any witness is examined against him, then a fair opportunity should also be afforded to cross-examine the witnesses. Right of proper defence and cross-examination of witnesses by the accused is a vested right. Whether the evidence is trustworthy or inspires confidence could only be determined with the tool and measure of cross-examination. The possibility cannot be ruled out in the inquiry that the witness may raise untrue and dishonest allegations due to some animosity against the accused which cannot be accepted unless he undergoes the test of cross-examination which indeed helps to expose the truth and veracity of allegations. The whys and wherefores of cross examination lead to a pathway which may dismantle and impeach the accurateness and trustworthiness of the testimony given against the accused and also uncovers the contradictions and discrepancies. Not providing an ample opportunity of defence and depriving the accused from right of cross-examination of departmental representative who lead evidence and produced documents against the accused is also against Article…
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