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Dismissal from service---Due process not followed - Lawyers of Pakistan

Dismissal from service---Due process not followed

Citation Name : 2019 PLC(CS) 811 SUPREME-COURT
Side Appellant : DIRECTORATE GENERAL EMERGENCY RESCUE SERVICE 1122 KHYBER PAKHTUNKHWA, PESHAWAR
Side Opponent : NIZAKAT ULLAH
Reglns. 43, 45(2) & 50---Dismissal from service---Due process not followed---No permission provided to cross-examine witnesses---Where an employee was to be removed from service, which action obviously carried a stigma with it, he was entitled to due process which included fair opportunity to defend himself , cross-examine the witnesses and produce evidence in his defence ---Further, he must be confronted with the material on the basis of which he had been issued show cause notice---Employee in question was deprived of his due process rights; he was not confronted with the material on the basis of which the show cause notice had been issued to him and he was not permitted to cross-examine the witnesses who were produced by his employer---Allegation against the employee was that he had quarrelled with his seniors and sent abusive and threatening SMS messages to them, and generally indulged in disorderly behavior---Neither evidence of any obnoxious SMS messages allegedly sent by the employee to his senior officers was placed on record nor was he provided an opportunity to cross-examine any witness that the employer may have produced---Further, there was no evidence that the employee had misbehaved with anybody or refused to perform his duty---Process followed by the employer in dismissing the employee was sketchy, one sided, non-transparent and not supported even by the Khyber Pakhtunkhwa Emergency Rescue Services Regulations, 2015 and the law---High Court had rightly reinstated the employee in service with all back benefits---Petition for leave to appeal was dismissed and leave was refused.


Citation Name : 2019 PLD 261 SUPREME-COURT
Side Appellant : KHADIJA SIDDIQUI
Side Opponent : SHAH HUSSAIN
Ss. 324, 337-A(i), 337-A(ii), 337-F(i), 337-F(ii) & 337-F(iv)---Attempt to commit qatl-e-amd, shajjah-i- khafifah, shajjah-i-mudihah, ghayr-jaifah-damiyah, ghayr-jaifah-badiah, ghayr-jaifah-mudihah---Re-appraisal of evidence---Minor eye-witness---Belated naming of accused---Not consequential enough to ignore minor's evidence---Accused was alleged to have inflicted several knife blows to his class-fellow/victim and her minor sister---High Court allowed the revision petition filed by the accused and set-aside all his convictions and sentences recorded by courts below---Held, that in the entire operative part of the impugned judgment passed by the High Court no discussion had taken place as to why the High Court had ignored or disbelieved the ocular account furnished by the minor (aged six years at that time), who was also an injured eye witness---Minor had identified the accused as the culprit on the first occasion that she got after the occurrence when accused had appeared before a Court for the purpose of seeking interim pre-arrest bail in connection with the present criminal case---Minor had made her statement under S.161, Cr.P.C. on the very day of occurrence and it was suggested to her by the defence itself that she as well as her elder sister (the other victim) used to socialize with the accused together, and therefore, she knew the accused before the incident---In such backdrop failure on the part of the minor to name the accused straightaway but naming him as the sole culprit subsequently at the first opportunity becoming available to her after the occurrence did not detract from the over all strength of the case of the prosecution---High Court was not justified in completely ignoring the statement of the minor who had absolutely no reason to falsely implicate the accused---Supreme Court set-aside the judgment of the High Court and restored the conviction and sentences recorded by the Appellate Court.


Citation Name : 2019 PLD 261 SUPREME-COURT
Side Appellant : KHADIJA SIDDIQUI
Side Opponent : SHAH HUSSAIN
Ss. 324, 337-A(i), 337-A(ii), 337-F(i), 337-F(ii) & 337-F(iv)---Attempt to commit qatl-e-amd, shajjah-i- khafifah, shajjah-i-mudihah, ghayr-jaifah-damiyah, ghayr-jaifah-badiah, ghayr-jaifah-mudihah---Re-appraisal of evidence---Motive---Strained relations between the parties---Accused was alleged to have inflicted several knife blows to his class-fellow/victim and her minor sister---High Court allowed the revision petition filed by the accused and set-aside all his convictions and sentences recorded by courts below---One of the considerations weighing with High Court was that the motive set up by the prosecution had not been proved by it because according to the victim the accused used to harass her and wanted to marry her but she had rejected the proposal whereas the said stance of victim had been contradicted by her letter brought on the record wherein she had volunteered and had repeatedly stated that she was ready and eager to marry the accused---Held, that the High Court had failed to read the portion of the statement of the victim wherein she had explained that she was being harassed by the accused and she wanted to complain against him to her mother and, therefore, an attempt was made by the accused to silence her---defence itself suggested that the accused had shunned the victim's company but the victim persisted in continuing her relationship with accused, which suggestion clearly showed that there was a break in the close friendship between the accused and the victim prompting the accused to make an attempt to get rid of her which provided a plausible motive to him---Supreme Court set-aside the judgment of the High Court and restored the conviction and sentences recorded by the Appellate Court.


Citation Name : 2019 PLD 261 SUPREME-COURT
Side Appellant : KHADIJA SIDDIQUI
Side Opponent : SHAH HUSSAIN
Ss. 324, 337-A(i), 337-A(ii), 337-F(i), 337-F(ii) & 337-F(iv)---Attempt to commit qatl-e-amd, shajjah-i- khafifah, shajjah-i-mudihah, ghayr-jaifah-damiyah, ghayr-jaifah-badiah, ghayr-jaifah-mudihah---Re-appraisal of evidence---Recovery of helmet belonging to accused---Incorrect colour of helmet mentioned by recovery witness---Inconsequential---Accused was alleged to have inflicted several knife blows to his class-fellow/victim and her minor sister---High Court allowed the revision petition filed by the accused and set-aside all his convictions and sentences recorded by courts below---One of the considerations weighing with the High Court was that the alleged recovery of a helmet belonging to the accused from inside the victims' motorcar was not believable because the recovered helmet was of red colour whereas the recovery witness had clearly stated before the Trial Court that the recovered helmet was of black colour---Held, that the High Court had failed to notice that a helmet had been recovered by the investigating officer on the very day of occurrence and in the memorandum of recovery no colour of the recovered helmet had been recorded---Mentioning incorrect colour of helmet by the recovery witness might have been a lapse of memory on his part or it could also be attributed to a dishonest concession on his part---Matter of colour of the recovered helmet was not serious enough to throw out the entire case of the prosecution against the accused, particularly when such case was strongly based upon statements of two injured victims who were a young lady and a minor girl having no reason to substitute the actual culprit who, according to the suggestions of the defence itself , was quite well known to them---Supreme Court set-aside the judgment of the High Court and restored the conviction and sentences recorded by the Appellate Court.


Citation Name : 2019 PCrLJ 1456 QUETTA-HIGH-COURT-BALOCHISTAN
Side Appellant : ABDUL RASHID
Side Opponent : State
Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Interested witness---Statement of interested witness---Reliance---Scope---Mere relationship of a witness with the deceased or the complainant party itself would not diminish the evidentiary value of his statement, but for making reliance on such statement, especially in heinous crime of murder, it was to be seen whether the said witness had escaped from the acid test of cross examination undamaged, unshaken or the defence had succeeded in giving jolt to his testimony.

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