Law:

Section:

Industrial dispute- ------Domestic enquiry-Defence opportunity-Cross-examination of witnesses-Accused refusing to cross-examine one witness and also stating at same time that he would not examine any witness .in defence-Not asked whether he wanted to cross-examine when state­ment of other witnesses recorded-Not inquired at close of prosecu­tion evidence whether he wanted to produce defence evidence­ Argument that accused given 'opportunity of cross-examination of witnesses and defence, in circumstances, held, not justified and rejected. Tariq Masood for Appellant. Muhammad lqbal Khokhar for Respondent. Date of hearing : 13th February, 1982. JUDGMENT Muhammad Ashraf appellant who was a peon in the respondent establishment was dismissed from service after being charge-sheeted and an enquiry having been held against him. The charge against him was that he had refused to carry out the lawful and reasonable order of his superior the Office Superintendent who when came to this office the door of the office was lying locked and the appellant standing outside the room. The Office Superintendent asked the appellant to bring the key of the lock from the Chaukidar to open the door. The appellant refused saying that it was not his duty but the duty of the Chaukidar. The learned Presiding Officer of the lower Court has observed that full opportunity of cross-examination and production of defence evidence was afforded to the appellant but he stated that he would not cross-examine any witness nor would produce any witness in defence. He no doubt refused to cross-examine Mr. Muhammad Anwar Lodhi, Superintendent but he was not asked to cross-examine the other three prosecution witnesses namely Muhammad Younis, Abdul Ghani, Muhammad Anwar, peon and Muhammad Jameel when the evidence was recorded as is evident from copy of enquiry proceedings R/ 15. There is no note of the Inquiry Officer that opportunity was given but the appellant did not cross-examine the; witnesses. On a separate sheet R/17 it appears to have been afterwards written that "I do not want to cross-examine any Government servant4A witness". It is thus apparent that no opportunity to cross-examine the'…

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