Right to Appeal under Civil Servants Act

The Supreme Court of Pakistan, in Junaid Wazir vs. Superintendent of Police, PRU/Dolphin Police, Lahore (2024 SCMR 181), addressed critical issues concerning the dismissal of a police officer from service under the Punjab Police Rules, 1934, and the subsequent handling of his appeals by the Punjab Service Tribunal. The case emphasizes the importance of procedural fairness and the interpretation of statutory provisions regarding the right to appeal.

Background:

Junaid Wazir, a police officer in the Dolphin Squad, Lahore, was charged with being absent from duty without authorization. A departmental inquiry was initiated, during which Wazir presented medical certificates to justify his absence, claiming serious illness. The inquiry officer, however, dismissed the medical certificates as fake without verification and found Wazir guilty of unauthorized absence for four months and twenty-three days. Consequently, Wazir was discharged from service on 05.09.2019, without being given a proper opportunity for a personal hearing.

Wazir filed a departmental appeal against his discharge, which was rejected on the grounds that under Rule 12.21 of the Police Rules, 1934, no appeal lies against an order of discharge. Subsequently, he filed a service appeal before the Punjab Service Tribunal, which dismissed his appeal as time-barred, arguing that Wazir should have filed directly with the Tribunal instead of pursuing the departmental appeal.

Key Issues:

Right to Appeal under Police Rules and Civil Servants Act: Whether Wazir had the right to file a departmental appeal against his discharge, considering the provisions of Rule 12.21 of the Police Rules, 1934, and Section 21 of the Punjab Civil Servants Act, 1974.

Limitation Period for Filing Appeals: Whether the Tribunal correctly applied the limitation period for filing appeals, particularly in cases where a civil servant first pursues a departmental appeal.

Principles of Natural Justice: Whether the disciplinary proceedings and subsequent decisions adhered to the principles of natural justice, particularly regarding Wazir’s right to a fair hearing and the verification of his medical evidence.

Court’s Analysis:

Right to Appeal: The Supreme Court critically analyzed the interplay between Rule 12.21 of the Police Rules, 1934, which provides no right of appeal against a discharge, and Section 21 of the Punjab Civil Servants Act, 1974, which allows for a representation if no appeal or review is provided. The court emphasized that even though Rule 12.21 prohibits an appeal, Section 21 of the Civil Servants Act permits a civil servant to make a representation against such an order, thus providing an alternative remedy. The Tribunal’s failure to recognize this right constituted a misapplication of the law.

Limitation Period: The court found that the Tribunal erred in dismissing Wazir’s appeal as time-barred. The Supreme Court underscored that the time Wazir spent pursuing the departmental appeal, which was a legitimate course of action under Section 21 of the Civil Servants Act, should have been considered when calculating the limitation period for filing an appeal with the Tribunal. The court held that the focus should have been on whether Wazir had a valid remedy available rather than strictly adhering to the limitation period.

Natural Justice: The Supreme Court reiterated the importance of the principles of natural justice, highlighting that Wazir was not afforded a fair opportunity to defend himself. The dismissal of his medical evidence without verification and the lack of a proper personal hearing violated his right to a fair trial. The court emphasized that all judicial, quasi-judicial, and administrative authorities must ensure that their decisions are based on a fair and impartial evaluation of the evidence.

Court’s Conclusion: The Supreme Court allowed the appeal, setting aside the judgment of the Punjab Service Tribunal and remanding the case to the appropriate appellate authority. The court directed that Wazir’s appeal, originally filed on 20.09.2019, be treated as a representation under Section 21(2) of the Punjab Civil Servants Act, 1974, and decided strictly in accordance with the law.

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