Law: Constitution of Pakistan, 1973

Section: 199

Law: Removal from Service (Special Powers) Ordinance, (XVII of 2000)

Section:

Summary:

The petitioner, a long-serving employee of Pakistan Steel Mills dismissed in 2009 for alleged theft and misuse of a company vehicle, challenges his removal as illegal and seeks reinstatement with back pay. Despite being acquitted by a competent criminal court, his dismissal following a departmental inquiry was upheld. The court found the inquiry flawed and the punishment of removal disproportionate, especially since the inquiry officer recommended only demotion. The petition was held maintainable despite delays and jurisdictional hurdles, emphasizing that criminal acquittal does not automatically affect disciplinary proceedings. Ultimately, the court converted the punishment from removal to compulsory retirement and directed the respondent to implement this within three months.

Core Points:

• Petitioner dismissed in 2009 after allegations of theft and vehicle misuse.
• Petitioner acquitted by criminal court in 2011, but removal upheld through departmental inquiry.
• Initial disciplinary punishment recommendation was a one-stage pay reduction, but petitioner was removed.
• Petitioner's appeals via Federal Service Tribunal and National Industrial Relations Commission were unsuccessful due to jurisdictional issues.
• Petition held maintainable before the High Court under Article 199 of the Constitution despite delays.
• Criminal proceedings and departmental inquiries are independent; acquittal in one does not invalidate the other.
• Major flaws found in inquiry such as fabricated confessional statement, contradictory evidence, and denial of personal hearing.
• Punishment deemed excessive; the court substituted removal from service with compulsory retirement.
• Respondent Pakistan Steel Mills ordered to implement directions within three months.

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