| Citation(s) |
|---|
| 2026 SLG 4339 = 2026 SLD 4339 = 2026 SCP 248 |
Supreme Court of Pakistan
Civil Petitions No. 4364 & 4391/2024 [Against the judgment dated 25.07.2024 passed by the learned Balochistan Service Tribunal, Quetta in Appeals No.304 & 382/2023]
Presented By: Justice Muhammad Ali Mazhar Justice Musarrat Hilali
Mr. Tahir Iqbal Khattak, Additional Advocate-General, Balochistan (in both cases)
Civil Petitions No. 4364 & 4391/2024 [Against the judgment dated 25.07.2024 passed by the learned Balochistan Service Tribunal, Quetta in Appeals No.304 & 382/2023]
Presented By: Justice Muhammad Ali Mazhar Justice Musarrat Hilali
Mr. Tahir Iqbal Khattak, Additional Advocate-General, Balochistan (in both cases)
Ellahi Bakhsh Bugti Behram Khan (In CP.4364/2024)(In C.P.4391/2024) …Petitioners
VERSUS
Government of Balochistan, through the Chief Secretary Quetta and others. (In C.P.4364/2024) The Chief Secretary, Government of Balochistan, Quetta and others (In C.P.4391/2024) …Respondents
Law: Balochistan Service Tribunals Act, 1974
Section: 5
Law: Code Of Civil Procedure, 1908.
Section: 5
Law: Balochistan Employees' Efficiency and Discipline Act, 2011
Section: 3(a) & (c)
Law: Qanun-e-Shahadat Order, 1984
Section: 59,84
(1) Service Tribunal is deemed to be a civil court with the powers as vested in CPC (2) The inquiry officer recommended forensic examination of the signature on challans but reckless conduct of not following it destroyed the case at departmental level (3) Forensic laboratory test is prominent tool of criminology for reaching just conclusion in the case of denial of handwriting. Summary The Supreme Court of Pakistan (Balochistan) allowed two civil petitions by Ellahi Bakhsh (Patwari) and Behram Khan (Tehsildar) against the Balochistan Service Tribunal's judgment that upheld their dismissal. Both employees were dismissed for allegedly changing a gift (hiba) mutation into a "correction/rectification" entry, causing the government to lose gift levy of Rs.13,81,282/- while only Rs.200/- was deposited. The Court found the inquiry defective because the Inquiry Officer himself recommended forensic examination of Behram Khan's signature on the challans (which he denied), yet still found him guilty and the Tribunal ignored this vital point. The Court set aside the Tribunal's judgment, converted the petitions into appeals, and remanded the matter for a de novo inquiry with forensic examination of signatures/documents within three months, with reinstatement subject to the inquiry's outcome. Core Points Facts (Ellahi Bakhsh): Patwari in Revenue department; a Mutation Entry No.25 dated 05.08.2019 was recorded as a correction (Sehat) entry in favor of Nawab Mohammad Mir Alli Bugti; it was cancelled on 10.08.2020 by the Collector because it should have been a gift (Hiba) mutation, attracting levy of Rs.13,81,282/-, but only Rs.200/- was assessed and deposited. Facts (Behram Khan): Tehsildar Dera Bugti; accused of changing the mutation type from gift to correction on 15.08.2019 and depositing only Rs.200/-; he was never served a show cause notice/charge sheet before inquiry; dismissed on 15.06.2023. Inquiry defects: No tangible evidence produced against Ellahi Bakhsh; the Personal Hearing Officer exonerated him yet he was dismissed. Contradictory inquiry report: The Inquiry Officer recommended forensic examination of Behram Khan's signature…