Major Penalty Cannot Be Imposed Without Proper Inquiry: LHC
LAHORE, (APP – UrduPoint / Pakistan Point News – 21st Aug, 2026) The Lahore High Court (LHC) has ruled that a government employee cannot be awarded a major penalty without a proper and lawful departmental inquiry, and set aside the dismissal of a security guard of Lahore General Hospital, ordering his reinstatement.
Justice Malik Muhammad Awais Khalid issued an 11-page written judgment on a petition filed by security guard Shafiq Khushnood, holding that an employee facing serious allegations must be provided a full and effective opportunity to defend himself.
The petitioner had challenged his dismissal from service following departmental proceedings in which he was accused of stealing an air-conditioning pipe and remaining absent from duty.
The court observed that where serious allegations are levelled against an employee, he must be given an opportunity to respond to the charges, produce witnesses in his defence and cross-examine prosecution witnesses. The judgment held that imposing a major penalty without completing a proper departmental inquiry was contrary to the requirements of law. It noted that there was no valid or convincing reason on record for abandoning the inquiry in the present case.
While examining the provisions of the Punjab Employees Efficiency, Discipline and Accountability (PEEDA) Act, the court observed that “termination” was not prescribed as a penalty under the law. Major penalties under the PEEDA Act include dismissal, removal from service and compulsory retirement, but such penalties can only be imposed after following the procedure laid down by law.
The court made it clear that merely levelling allegations against an employee does not authorise an authority to remove him from service without following the prescribed legal procedure. It said the principles of natural justice and the employee’s fundamental legal rights must be respected during departmental proceedings.
The court further held that an order of dismissal passed without a proper and lawful inquiry was inconsistent with the legal protection guaranteed under Articles 4 and 10-A of the Constitution, including the principles of due process, fair trial and fair proceedings.
Consequently, the LHC set aside the petitioner’s dismissal and ordered his reinstatement. However, it clarified that the competent authorities could initiate a fresh departmental inquiry into the allegations of theft and absence from duty, provided the proceedings were conducted strictly in accordance with law. The court also directed the relevant authorities to determine the petitioner’s past financial and service benefits in accordance with the law.
