Inquiry Officer’s Recommended Penalty Cannot Be Enhanced by the Competent Authority on Its Own
In a significant judgment protecting the rights of civil servants, the Court has held that a competent authority cannot arbitrarily enhance the penalty recommended by an Inquiry Officer without following the due process of law.
The case involved a Process Server serving in the Sessions Court, Sargodha. During his service, his young son was diagnosed with cancer. The employee devoted himself entirely to his son’s treatment, but despite every possible effort, his son sadly passed away. While coping with the devastating loss of his child, the employee was accused of unauthorized absence, and departmental disciplinary proceedings were initiated against him.
After examining the facts and mitigating circumstances, the Inquiry Officer recommended only a minor penalty. However, the competent authority disregarded the Inquiry Officer’s findings and imposed the extreme punishment of dismissal from service.
The aggrieved employee sought legal assistance from Allah Nawaz Khosa, Advocate High Court & Service Tribunals. Challenging the departmental orders before the competent Court, Mr. Khosa argued that the disciplinary authority had acted unlawfully by ignoring the Inquiry Officer’s recommendations and violating the principles of natural justice and due process.
After hearing detailed arguments from both sides, the Hon’ble Court declared the departmental action illegal, set aside the dismissal order, and directed that the employee be reinstated in service.
This judgment reinforces an important principle of service jurisprudence: disciplinary authorities must exercise their powers fairly, reasonably, and strictly in accordance with law. Arbitrary enhancement of punishment without legal justification cannot be sustained.
Appreciation:
This successful outcome reflects the dedicated legal advocacy and commitment of Allah Nawaz Khosa, Advocate High Court & Service Tribunals, who continues to safeguard the rights of government employees through effective representation and a strong command of Pakistani service law.
