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Civil Servant-- ----Disciplinary proceedings--Penalty of removal from service--Condemned unheard--Removed from service from date of absence--Not served with show-cause notice as enunciated in penalty orders--Validity--Penalty order showed that penalty of "removal from service" was made effective from date of absence, which is violative--Impugned orders have been passed with legal lacunas--Remand of case will defeat ends of justice--Appeal was accepted. Order Brief facts of the case are that appellant was a Warder in Central Jail Lahore. Disciplinary proceedings were initiated against him under PEEDA Act, 2006 on the charge of absence from duty w.e.f 12.03.2012. He was issued show-cause notices dated 14.03.2012, 26.03.2012 & 13.04.2012, but he did not respond. Resultantly, ex-parte action was taken and the Superintendent, Central Jail, Lahore passed impugned order dated 14.05.2012 awarding the appellant penalty of removal from service. Aggrieved, appellant preferred departmental appeal to DIG, Prisons, Lahore, who rejected the same vide impugned order dated 02.11.2012. Feeling still aggrieved, appellant preferred revision petition to IG Prisons, Punjab, Lahore, but in vain. Hence, this appeal. 2. Learned counsel for the appellant contended that alleged show-cause notices dated 14.03.2012, 26.03.2012 & 13.04.2012 were never served upon the appellant and as such the appellant has been condemned, unheard. It was further contended that the Superintendent, Central Jail, Lahore passed penalty orders dated 14.05.2012 having retrospective effect as the appellant was removed from service from the date of his absence. He pleaded that as per law laid down by the Hon'ble Supreme Court of Pakistan in a number of reported judgments like 1985 SCMR 1178, 1986 PLC (CS) 863. 1997 SCMR 503, 2004 SCMR 1031, 2005 SCMR 492, 2006 PLC (CS) 766 and 2011 SCMR 1220, dismissal order passed with effect from previous date was held illegal. He stated that every order has to effect immediately and can not be made effective retrospectively. Learned counsel further submitted that even otherwise alleged absence was not willful, rather due to some unavoidable circumstances i.e. his…

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