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Case No. 202/1718 of 1982, decided on 29th September, 1983.
‑‑ R. 4(b)(i)‑Reduction of pay‑Service of show‑cause notice‑‑Pro viding copy of inquiry report‑Audi alteram partem‑Civil servant neither provided with a copy of show‑cause notice nor a copy of inquiry report before penalty imposed on him‑Held, such omission amounts to grave injustice and case would be at level of audi alteram partem.
P L D 1981 S C 176 fol.
Masud Ahmad Riaz for Appellant.
A. G. Humayun District Attorney for Respondent.
.‑Hadi Raza Khan has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Secretary to Government of the Punjab, Social Welfare and Zakat Department, Lahore, as respondents.
2. By virtue of this appeal he has prayed that the impugned order, dated 19th August, 1981 and final order, dated 28th March, 1982 be set aside and the appellant's original pay be restored.
3. We have examined the record of this case carefully with the assistance of the learned District Attorney as well as learned counsel for the appellant and find that although inquiry was conducted against him yet the appellant was not provided with the copy of the inquiry report as well as show‑cause notice. This flaw is factual as far as the case of the respondent is concerned their Lordships of the Supreme Court of Pakistan in case reported P L D 1981 S C 176 have held that it is a must for the authorities to provide the accused person with a copy of the inquiry report as well as a show‑cause notice so that he may be able to defend his case properly. According to the judgment of their Lordships of the Supreme Court of Pakistan such like omission would result into a grave injustice and the case would be at the level of audi alteram partem.
4. In view of the law laid down and the fact established on record that ,neither show‑cause notice was served on the appellant nor a copy of the inquiry report was provided to him, we set aside the impugned orders as unlawful and in complete violation of the Supreme Court of Pakistan's judgment and remand the case to the respondent to fulfil the legal objection before action is taken against the appellant. There will be no order as to costs.
M. Y. M. Case remanded.
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