Present:
Mr.Justice Faisal Arab &
Mr.Justice Muhammad Ali Mazhar.
C.P.No.D-410 of 2007
For Katcha Peshi
07.12.2010.
Mr.Nizamuddin Baloch for the petitioner.
Mr.Liaqat Ali Shar, Additional Advocate General.
O R D E R
FAISAL ARAB, J. The case of the petitioner is that after appointment of the enquiry officer, the petitioner filed written statement but thereafter without any further proceedings termination letter has been issued. In the reply the petitioner has denied the allegations of misconduct. In such eventuality it was necessary that proper domestic enquiry ought to have been conducted.
During pendency of this petition several directions were given for filing of the enquiry proceedings so that the court may examine whether proper enquiry proceedings were conducted before reaching the final decision. On 27.10.2010 directions were issued for filing of the enquiry proceedings whereafter this matter came up for hearing on 10.11.2010 and last chance was given and the matter was adjourned to 07.12.2010.
Today, learned Additional Advocate General has made statement that some other counsel Mr.Abdul Qayoom Shaikh has been appointed but he is not in attendance today. Failure of respondent to place enquiry proceedings on record leads to the presumption that neither the witnesses of the respondent appeared nor were cross-examined by the petitioner, only the reply of the petitioner was considered and termination orders were passed. In such background it was necessary that proper enquiry proceedings ought to have been conducted giving opportunity to the petitioner to examine the material against him and to cross-examine the witnesses of the respondent.
In the circumstances we are left with no other alternative but to set aside the order of termination and restore the petitioner back in service with all back benefits. The respondent shall, however, be at liberty to issue fresh notice in case they are still interested in charging the allegations of misconduct against the petitioner.
Petition stands disposed of in the above terms.
JUDGE
JUDGE
N.M.