Even otherwise, the hearing officer or the competent authority did not apply its judicious mind and merely relied upon and reproduced the facts and findings of the inquiry committee, which itself is an illegality.

It has been settled by the Hon’ble Supreme Court of Pakistan in various judgments passed by the apex court that competent authority as well as appellate authority while passing the order of punishment or appellate order are bound to scrutinize the evidence on record and order is to be passed referring any incriminating evidence against the accused but in this case no evidence, whatsoever, is available which could be referred by the competent authority. In this regard reliance is placed upon “Chief Secretary, Government of the Punjab versus Muhammad Ali Saqib (2020 SCMR 1245)”. The relevant paragraph is reproduced as under:-

“The orders of the competent authority as well as departmental appeal are on the basis that they agreed with the recommendation of the inquiry officer. They have not scrutinized the evidence available on the file themselves, but relying upon the recommendation of the inquiry officer and ignoring that no specific allegation through evidence was proved against the respondent, despite that major penalty of dismissal from service was awarded.”

(emphasis provided)

Though the inquiry was conducted and finding has already been given by the inquiry officer but the competent authority as well as the appellate authority has failed to dilate upon any such evidence which could be used against the appellant. Hence the impugned orders are in violation of the lawlaid down by the Hon’ble Supreme Court of Pakistan, referred hereinabove.

8. For what has been discussed above, this appeal is allowed, impugned orders dated 21.3.2022 & 20.12.2022 are set aside.