Law:

Section:

(a) Punjab Employees Efficiency, Discipline and Accountability Act (XII of 2006)--- --------Sections 1(4)(iii), 4(c) & 26(2)---West Pakistan Civil Servants Pension Rules, 1963, R.1.8(b)---Constitution of Pakistan, Art.199---Constitutional petition---Applicability and scope of Punjab Employees Efficiency, Discipline and Accountability Act, 2006---Issuance of show cause notice after retirement of employee---Scope---Contention of employee was that at the time of retirement clearance certificate was issued by the department and no proceedings could be initiated against him---Validity---Government servants were bound to work efficiently and perform functions assigned to them in discharge of their duties---Conduct of government servants during service should not be prejudicial to good order or service discipline---Government servants should not be involved dishonestly or fraudulently in misappropriation of funds or indulge in embezzlement of government property or resources---Section 1(4)(iii) of Punjab Employees Efficiency, Discipline and Accountability Act, 2006 would apply to the employees in government and corporation service and would cover whole of service period of employee even before the promulgation of said Act and after its enforcement---Competent authority could proceed against an employee on the allegations of inefficiency or seizure of efficiency for any reason, misconduct, corruption or reasonably considered to be corrupt, engaged or reasonably believed to be engaged in subversive activities even if period of charge/allegations was before the enforcement of Punjab Employees Efficiency, Discipline and Accountability Act, 2006---Proceedings against retired employees could be initiated during service or within a period of one year of his retirement--- Punjab Employees Efficiency, Discipline and Accountability Act, 2006 could apply retrospectively to all employees who had even retired before promulgation of the Act but not after the expiry of one year of retirement---Penalty provided for a retired employee under Punjab Employees Efficiency, Discipline and Accountability Act, 2006 would be different as compared to the penalties for serving…

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