| Citation(s) |
|---|
| 2025 SLG 3629 2025 SLD 3629 = 2025 SHC 1580 |
CP. No. D-5602 of 2020
Mr. Justice Muhammad Karim Khan Agha Mr. Justice Adnan-ul-Karim Memon
Mr. Ch. Jaffar Hussain advocate for the petitioner. Malik Altaf Jawed advocate for KMC. Mr. Ali Safdar Depar Assistant Advocate General.
(Bilal Mirza v Province of Sindh & others)
Law: Government Servants (Efficiency and Discipline) Rules, 1973
Section: 4(b) III/IV
Law: Constitution of Pakistan, 1973
Section: 199(5)
Summary:
The petitioner challenged his removal from service dated September 10, 2020, from Karachi Medical & Dental College (KMDC), alleging lack of due process, including no charge sheet or inquiry. He denied allegations of fraud and forgery, asserting he was made a scapegoat. The petitioner sought reinstatement with full benefits. The respondent KMDC argued the removal was lawful under Efficiency and Disciplinary Rules, citing financial embezzlement supported by evidence, and refusal to return misappropriated funds. The Court found the departmental inquiry was skipped, resulting in procedural irregularities but deemed remanding for inquiry futile after long delay. The Court allowed the petitioner the option to apply for revival of proceedings with proper due process, ordering the authorities to act within three months. The petition was disposed based on the Supreme Court's precedent in Senior Superintendent of Police Vs Shahid Nazir (2022).
Core Points:
- Petitioner removed from service on September 10, 2020, without due process.
- No charge sheet, show cause notice, or proper inquiry conducted.
- Petitioner denied fraud and forgery allegations; demanded inquiry report.
- Petitioner’s promotions and employment history outlined.
- Petitioner's counsel argued removal order issued by incompetent authority and without evidence.
- KMDC argued removal under Efficiency and Disciplinary Rules (1974/1973) for Rs. 158 million embezzlement.
- KMDC claimed disciplinary proceedings and removal lawful, no formal inquiry deemed necessary after show cause notice.
- Court found procedural negligence in skipping inquiry but remanding for inquiry is pointless after delay.
- Petitioner may apply for revival of proceedings with full due process and hearing.
- Respondents must consider evidence and apply law strictly, within three months.
- Petition disposed of as per Senior Superintendent of Police Vs Shahid Nazir (2022 SCMR 327).
Law and Section Table:
| Law/Rule | Section/Rule | Key Points |
|---|---|---|
| Efficiency and Disciplinary Rules (1974/1973) | Rule 4(b) III/IV | Authority to remove employee for misconduct like fraud and financial embezzlement |
| Constitution of Pakistan | Article 199(5) | Courts can entertain petitions related to public sector employees like KMDC |
| Supreme Court Judgment | Senior Superintendent of Police Vs Shahid Nazir (2022 SCMR 327) | Legal precedent establishing procedural requirements and rights in disciplinary cases |
| Case Law relied by petitioner | Various (SCMR and PLC cases) | Established principles of natural justice, due process, and incompetence of authority |
O R D E R