739/2016 Suit Muhammad Safdar Anjum & Others (Plaintiff) V/S P.I.A. Corporation (Defendant)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 11-APR-16
"Pakistan International Airlines Corporation Employees (Service and Discipline) Regulations, 1985--- ----Reglns. 78 & 79---Employees of Pakistan International Airlines Corporation---Audio tapes instigating the employees to observe strike---Dispensing with regular inquiry---Non-providing of material to be used against the employees---Effect---Audio tapes---Prerequisites for admissibility and evidentiary value---Personal hearing of such employee---Requirements---Corporation ordered for dispensing with regular inquiry against the employees but no material/information was communicated to them on the basis of which inquiry was dispensed with---Validity---No material on the basis of which inquiry was dispensed with was communicated to the employees---Show-cause notice was silent as to the nature of material and information claimed to be in the custody and possession of authority---Impugned order to dispense with regular inquiry was devoid of judicious application of mind---Anyone in the authority who had decided to dispense with holding of an inquiry had rendered himself/herself an unfit person to conduct further proceedings of personal hearing---Dispensation order could only be passed once the material was shown and shared with the accused employee whose reply and response should become a basis of such decision---Authority or person giving personal hearing should not rely on personal knowledge and information as in that case the essence of impartiality would be lost---Person who recorded alleged audio tape conversation should be material witness and without he being confronted with the accusation such conversation should not be used as an evidence against him---Competent authority could dispense with inquiry if facts and circumstances of the case so warranted---Such Authority should not sit with prejudice mind that they had already dispensed with the inquiry and had made their mind---Substantial right of inquiry could not be snatched from the employees without hearing them---Impugned show cause notice of hearing was bad in law as it was without reasoning and same did not contain the material to be used against the employees---Competent authority was bound to record reasons in writing for dispensing with holding of inquiry---Audio tape recording could be admitted in evidence if it was produced in evidence by its maker---Prerequisites for admissibility of tape recording as evidence were that accuracy of recording had to be proved; voice recorded to be properly identified and court must consider the genuineness of the tape before it was accepted---No one should decide cases on the basis of personal knowledge as in that case he would become party to the proceedings---Competent authority should sit with judicious mind and impartially listen to the defence and response of the employees---Corporation was directed to provide all the material available which it felt sufficient to dispense with holding of inquiry---Employees should be provided reasonable opportunity which might not in any case exceed one week for filing of reply which should be considered at the time of hearing for passing appropriate orders---Employees would be entitled for all the benefits as they were receiving earlier till they continued to be employees of the Corporation."Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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