Dismissal of Overage Employees and Lack of Due Process
SERVICE
In Civil Petitions No. 499-K and 519-K of 2023, the Supreme Court of Pakistan dealt with the dismissal of police constables for being overage at the time of appointment (2024 SCP 339). The Court set aside the order of the Sindh Service Tribunal and remanded the matter back for further inquiry, emphasizing that the dismissal of employees without a personal hearing or inquiry, particularly after years of service, was unjust. The Court directed the Tribunal to examine the petitioners' claims of discrimination and improper process before dismissing them, given that other similarly situated employees had been reinstated.
Background:
The petitioners, Sabir Ali and Javed Ali, were appointed as police constables in 2012 and 2014, respectively, after fulfilling the recruitment formalities. However, in 2019, they were dismissed from service due to being overage at the time of their appointments (by 25 days and 62 days). Despite receiving show cause notices, they were not given a personal hearing or a regular inquiry before dismissal. The petitioners argued that other similarly placed employees had been reinstated, and that their appointments were not fraudulent but fully compliant with the necessary recruitment procedures.
The Sindh Service Tribunal dismissed the appeals filed by the petitioners, maintaining the departmental dismissal orders. The petitioners then appealed to the Supreme Court, arguing that their dismissal without due process violated principles of fairness and justice.
Key Issues:
Dismissal Without Personal Hearing or Inquiry: Whether the dismissal of employees for being overage without providing a personal hearing or conducting a proper inquiry is lawful, particularly after years of service.
Discrimination and Inconsistent Treatment of Employees: Whether the petitioners were discriminated against, given that other similarly placed employees were reinstated, and whether this inconsistency in treatment was addressed by the Tribunal.
Responsibility of the Department in Recruitment Irregularities: Whether the fault of the petitioners being overage should be attributed to them or the recruitment process, especially given the delay in discovering the issue after several years of service.
Court's Analysis:
Lack of Due Process: The Court found that the petitioners were dismissed from service without being afforded a personal hearing or a departmental inquiry, which was a violation of their right to due process. The Court noted that such drastic action could not be taken without following the proper procedures, especially when the petitioners had served the department for 4 to 6 years. The absence of an inquiry to determine whether the overage issue was caused by the petitioners or due to departmental oversight was a critical omission.
Claims of Discrimination: The petitioners contended that other employees who were similarly overage had been reinstated, but the Tribunal failed to address this issue. The Court emphasized that this claim of discrimination warranted careful examination, and the Tribunal should have considered whether the petitioners were being unfairly treated compared to their colleagues. The failure to explore this aspect resulted in a miscarriage of justice.
Departmental Accountability: The Court criticized the department for its failure to identify the overage issue at the time of recruitment. It questioned why the recruitment process did not detect the problem earlier and why no action was taken against those responsible for the oversight. The Court suggested that the department's negligence in the recruitment process contributed to the petitioners' predicament, and this should have been considered before dismissing them.
Court's Conclusion: The Supreme Court allowed the petitions, converting them into appeals, and set aside the order of the Sindh Service Tribunal. The case was remanded to the Tribunal to conduct a thorough inquiry into the petitioners' dismissal, considering the issues of due process, discrimination, and departmental responsibility.
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