LAHORE: The Lahore High Court (LHC) has ruled that a government employee cannot be awarded a major penalty without a proper and lawful departmental inquiry, setting aside the dismissal of a security guard at Lahore General Hospital and ordering his reinstatement.
Justice Malik Muhammad Awais Khalid issued the 11-page written judgment on a petition filed by security guard Shafiq Khushnood, holding that employees facing serious allegations must be given a fair and effective opportunity to defend themselves.
Khushnood had challenged his dismissal in departmental proceedings in which he was accused of stealing an air-conditioning pipe and remaining absent from duty.
The court observed that when serious allegations are made against an employee, the individual must be allowed to respond to the charges, present witnesses in defence and cross-examine witnesses produced by the prosecution.
According to the judgment, imposing a major penalty without completing a proper departmental inquiry is contrary to law. The court noted that no valid or convincing reason had been provided for abandoning the inquiry in the case.
While interpreting the Punjab Employees Efficiency, Discipline and Accountability (PEEDA) Act, the court observed that “termination” is not listed as a penalty under the law. Major penalties under the legislation include dismissal, removal from service and compulsory retirement, but these can only be imposed after the required legal procedure has been followed.
The court stressed that merely making allegations against a government employee does not give an authority the right to remove that person from service without following due process.
It further held that principles of natural justice and the fundamental legal rights of employees must be protected during departmental proceedings.
The high court also found that dismissal without a proper and lawful inquiry was inconsistent with the protections guaranteed under Articles 4 and 10-A of the Constitution, which cover due process, fair trial and fair proceedings.
As a result, the court annulled Khushnood’s dismissal and ordered that he be reinstated.
However, the court clarified that the relevant authorities may conduct a fresh departmental inquiry into the allegations of theft and absence from duty, provided the proceedings are carried out strictly in accordance with the law.
