The Lahore High Court has nullified the decision to dismiss a female government employee 16 years after her termination and ordered her reinstatement. Justice Malik Owais Khalid ruled that no one could be dismissed from employment merely on the basis of an inquiry. Justice Malik Owais Khalid issued a 10-page written judgment on the petition filed by Tasneem Kausar. The court accepted her appeal against her dismissal from government service after 16 years. 

In the verdict, Justice Khalid wrote that under Article 10-A of the Constitution, no one can be removed from employment without being granted the right to a fair trial. The petitioner was dismissed from her position as a lab assistant in 2009 on grounds of misconduct. She challenged the decision in the Lahore High Court. In 2014, the court ordered her reinstatement.

However, despite the court’s directive, the department concerned did not reinstate her and suspended her for an indefinite period. The judgment further states that in 2014, another inquiry was initiated against the petitioner and a show-cause notice was issued.In 2015, she was dismissed again. She once again approached the court, which in 2021 directed the department to decide the matter without external influence and disposed of the appeal.

The department, however, rejected the petitioner’s plea for reinstatement. The allegation against the petitioner was that she submitted fake certificates at the time of recruitment.During the inquiry, the petitioner was not given an opportunity to respond to the allegations.

The department claimed that the certificates were sent to the institution concerned for verification, but no one from that institution was summoned during the inquiry.The judgment states that the court has declared the notification of her dismissal null and void.

The court has instructed the authority concerned to conduct a fresh inquiry into the allegations.Payment of her dues will be subject to the outcome of that inquiry. The court has ultimately annulled the decision to dismiss her after 16 years and reinstated her in service, the LHC rules.

Credit: Independent News Pakistan (INP)