ISLAMABAD:The Federal Constitutional Court of Pakistan (FCCP) has ruled that a competent authority is not bound by an earlier recommendation or penalty when fresh facts and evidence emerge during a re-inquiry in departmental proceedings. It also held that the authority’s discretion cannot be restricted by directing it to impose a specific level of punishment.
A bench comprising Chief Justice Amin-ud-Din Khan and Justice Ali Baqar Najafi set aside a Lahore High Court Multan Bench judgment concerning the dismissal of Technical Education and Vocational Training Authority (TEVTA) employee Shahid Saleem and upheld the departmental penalty.
According to the judgment, Saleem, who served as assistant/head clerk and held additional charge as an apprenticeship officer at the Regional Directorate of Apprenticeship Training, Multan, faced allegations of negligence, failure to hand over apprenticeship certificates, tampering with original certificates and sending documents for verification bearing forged signatures of the deputy director.
The initial inquiry found him guilty and recommended dismissal. However, the competent authority imposed a lesser penalty, demoting him to the lower post of computer operator for three years. The penalty was subsequently set aside on departmental appeal, and a fresh inquiry was ordered.
The re-inquiry again found Saleem guilty of all three charges. On June 28, 2024, he was dismissed from service and fined an amount equivalent to one month’s basic salary. The decision was upheld in departmental appeal.
Saleem challenged the action before the Lahore High Court’s Multan Bench, which allowed his petition on March 13, 2025, remanding the matter to the competent authority with directions not to impose a penalty harsher than the earlier punishment.
The FCC observed that the High Court had not adequately explained the reasons for remanding the case or identified any legal defects in the fresh inquiry that warranted reconsideration of the penalty.
It held that allegations involving alteration of official records, issuance of fake certificates and forged signatures were serious in nature. The employee had been found guilty in both inquiries and given a full opportunity to defend himself.
The court ruled that restricting the competent authority to a particular punishment was unjustified, particularly when no mala fide intention had been established.
The FCC converted the petition into an appeal, allowed it and set aside the Lahore High Court Multan Bench judgment.