Law: Constitution of Pakistan, 1973

Section: 10A, 212

Law: Government Servants (Efficiency and Discipline) Rules, 1973

Section: 3(a), 3(b), 3(c),4(b)(i)

Law: Qanun-e-Shahadat Order, 1984

Section: 133, 134

Summary

The Supreme Court set aside the judgment of the Federal Service Tribunal and ordered a de novo departmental inquiry against the petitioner, a Superintendent Police, on the grounds that he was denied the fundamental right to cross-examine 138 witnesses during the inquiry into charges of misconduct, inefficiency, and corruption. The Court emphasized that the right to cross-examination is a fundamental part of a fair trial and natural justice, protected by Article 10-A of the Constitution. The Tribunal and inquiry officer’s failure to allow this right rendered the previous proceedings invalid. The case was remanded to the Secretary Establishment for a fresh inquiry, ensuring all requirements of a fair trial, especially the right to cross-examination.

Core Points

Right to Cross-Examination: Denial of cross-examination is a violation of the right to a fair trial and natural justice.

Due Process in Departmental Inquiries: Departmental inquiries must follow due process, including allowing the accused to defend themselves and cross-examine witnesses.