Supreme Court Declares Punishing Employees Without Inquiry Unconstitutional

The Supreme Court of Pakistan has declared that no government employee can face disciplinary action — whether minor or major — without a formal inquiry, ruling such actions unconstitutional.

The landmark verdict, released in a written judgment, overturned a Lahore High Court (LHC) ruling and ordered the reinstatement of Hafiz Abdul Rauf, an officer of the Pakistan Agricultural Storage and Services Corporation Limited (PASSCO). The decision was issued by a two-member bench led by Justice Syed Mansoor Ali Shah in Civil Petition No. 1729-L/2017.

Hafiz Abdul Rauf, who was serving as Project Incharge at PASSCO, was dismissed from service in 2009 over alleged forgery without any formal inquiry. The Lahore High Court later modified his dismissal to compulsory retirement. Dissatisfied, Rauf approached the Supreme Court, challenging the decision.

Justice Mansoor Ali Shah, authoring the judgment, emphasized that conducting an inquiry is not a procedural formality but a crucial component of the constitutional rights guaranteed under Articles 9, 10A, and 14 — which protect life, fair trial, and human dignity.

The court underscored that a government employee cannot be punished without being informed of the charges, given the opportunity to respond in writing, cross-examine witnesses, and appear for a personal hearing. The judgment noted that imposing punishment without inquiry constitutes “arbitrary action, not administrative discretion.”

As PASSCO failed to produce any justification for bypassing the inquiry process, the Supreme Court reinstated Hafiz Abdul Rauf to his position. The court also directed the department to calculate and release his due back benefits.