Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)- -- S. O. 15 (4)-Domestic enquiry-Enquiry officer-- Appointment by person witnessing alleged misconduct-Improper. Bus Conductor charged for misconduct of not issuing tickets after having realised fair from passengers. Enquiry Officer appointed by District Manager of Transport Corporation who had witnessed the alleged incident. There were three District Managers involved in the proceedings against the accused (1) who issued the charge-sheet; (2) who appointed the Enquiry Officer, and (3) who issued termina­tion order based upon findings of enquiry. Grievance petition of accused was accepted by Labour Court setting aside impugned termination order on sole ground that Enquiry Officer ' was appointed by District Manager who had himself witnessed the alleged incident. Decision of Labour Court was upheld in appeal by Labour Appellate Tribunal. Clause (4) of Standing Order 15 of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 requires that no order of dismissal shall be issued in respect of a workman unless the employer has instituted independent enquiries against the workman. No doubt, in the instant case, the respondent was not dismissed from service but since his services were terminated on the charge of misconduct, the procedure laid down in Standing Order 15 has to be followed, as provided in clause (5) of Standing Order 12. Where a witness to the act of misconduct appoints the Enquiry Officer, such appointment would at least be improper, as Enquiry Officer tray be considered as a nominee of the witness. Such an irregularity could per­haps be over-looked where either there is on other authority competent to appoint the Enquiry Officer or the Enquiry Officer is really an indepen­dent person, and not a subordinate of the person appointed by him. In the instant case, there were 2 other District Managers who were com­petent to appoint the Enquiry Officer. Furthermore, it was frankly con­ceded that the Enquiry Officer, was a subordinate of the District Manager who had appointed him. The principle of natural justice that no person shall be…

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