Civil servants can’t escape departmental probe even after acquittal on criminal charge: SC

ISLAMABAD: The Supreme Court of Pakistan declared that a civil servant cannot escape departmental proceedings or consequences, thereof, on account of his acquittal/exoneration on a criminal charge.

The judgment authored by Justice Muhammad Ali Mazhar said that while facing expulsive proceedings on the departmental side on account of his indictment on a criminal charge, he may not save his job in the event of acquittal as the department may still have reasons to conscionably consider his stay in the service as inexpedient.

It said that the department can assess the suitability of a civil servant, confronted with a charge through a fact-finding method, which is somewhat inquisitorial in nature, but without the heavier procedural riders, otherwise, required in criminal jurisdiction to eliminate any potential risk of error.

A two-judge bench comprising Justice Sajjad Ali Shah and Justice Muhammad Ali Mazhar heard the appeal against the judgment of the Federal Service Tribunal. The bench set aside the impugned judgment of the Service Tribunal and dismissed the Service Appeal filed by the respondent in the Federal Service Tribunal.

Arshad Ali (respondent) was officiating as Head Postmaster at Kutchery Post Office, Karachi, where a huge fraud in the Savings Bank Accounts was unearthed on 16.05.2003. Disciplinary proceedings were initiated against the respondent under the provisions of the Removal from Service (Special Powers) Ordinance, 2000.

The respondent was also indicted in NAB Reference No 25/2003; however, the Accountability Court acquitted the respondent although, against the said judgment an appeal was pending adjudication in the Sindh High Court. In the disciplinary proceedings initiated by the department, the respondent was found guilty of misconduct and dismissed from service. The FST had allowed the service appeal of the respondent. However, the department filed an appeal against in the apex court.

The Court observed that sometimes a little negligence or inefficiency may cause serious disaster and stern end results, therefore, at the time of appraising any act of misconduct contrasted with the penalty imposed by the management, the Service Tribunal is obligated to re-evaluate the evidence all-inclusive and then inquiry findings with recommendations.

The foresight of deterrent punishment is not only to maintain balance with the seriousness of wrong done by a person but also to make an example for others as a preventive measure for reformation of the society. The respondent was found guilty in discharge of his duties; hence, he could not be let free or exonerated.

The judgment said that the departmental inquiry is started off for making inquiry into the allegations of misconduct in order to maintain and uphold discipline and decorum in the institution and efficiency of the department to strengthen and preserve public confidence.

Copyright Business Recorder, 2022