Pakistan’s Supreme Court has upheld the compulsory retirement of a government employee accused of setting his wife on fire, ruling that domestic violence cannot be treated as a private matter and that acquittal in a criminal case does not automatically prevent departmental action.
The court observed that a public servant’s conduct at home can also be relevant to assessing his suitability for government service. It said women’s dignity and respect must be protected within the home just as they are in public spaces.
In its detailed judgment, the Supreme Court explained that criminal proceedings and departmental inquiries serve different purposes and follow separate standards of proof. An acquittal in a criminal case does not erase misconduct established through a departmental inquiry. The court also noted that receiving the benefit of doubt does not necessarily mean the accused person’s account has been accepted as true.
Departmental Inquiry and Evidence
According to the judgment, 13 witnesses recorded statements during the departmental inquiry, and the employee was given an opportunity to cross-examine them and present his defence.
The court found that the serious charges, including setting his wife on fire and presenting a false account that she had attempted suicide, had been established during the inquiry.
The judgment described public employment as a position of trust, adding that an employee’s conduct at both the workplace and home can affect public confidence in government service.
A two-member Supreme Court bench comprising Justice Ayesha A. Malik and Justice Shahid Waheed dismissed the employee’s petition and upheld the Federal Service Tribunal’s decision to maintain his compulsory retirement.