Law:

Section:

(a) Punjab Employees Efficiency, Discipline and Accountability Act (XII of 2006)--- --------Sections 1(4)(iii) & 21---Retirement of an employee---Penalty, imposition of---Scope---Inquiry against employee was initiated after his retirement which could not be concluded within two years after his retirement---Contention of employee was that after two years from retirement the inquiry proceedings would become abated and competent authority would become functus officio---Validity---Time prescribed under proviso to S.21 of Punjab Employees Efficiency, Discipline and Accountability Act, 2006 was mandatory---Impugned order was passed after prescribed limitation period of two years after retirement of employee under S.21 of Punjab Employees Efficiency, Discipline and Accountability Act, 2006---Once two years period was lapsed and no final order was passed, provisions of Punjab Employees Efficiency, Discipline and Accountability Act, 2006 would not be applicable to the employee---After two years the proceedings initiated under Punjab Employees Efficiency, Discipline and Accountability Act, 2006 stood abated and competent authority would become functus officio and could not pass orders---Impugned orders were set aside being passed without lawful authority and of no legal effect---Government was directed to release all the retirement benefits of employee---Constitutional petition was allowed in circumstances. PLD 1996 SC 182; M/s Super Asia Muhammad Din Sons (Pvt.) Limited through Chief Executive v. Collector of Sales Tax Gujranwala and another 2008 PTD 60; Secretary Education (Schools) Government of Punjab Lahore v. Muhammad Akhtar, Ex-Head Master 2006 SCMR 600; Sami ur Rehman v. Chief Secretary Government of Sindh and 2 others 1983 PLC (CS) 832; Parveen Javaid v. Chairman WAPDA and 5 others 2011 PLC (CS) 1527; Roshan Dani and 11 others v. WAPDA through Chairman and 3 others 2015 PLC (CS) 263 and Muhammad Siddique v. Division Forest Officer Okara 2014 PLC (CS) 253 rel. (b) Punjab Employees Efficiency Discipline and Accountability Act (XII of 2006)--- --------Sections 2(h)(i) & 19(i)---Constitution of Pakistan, Art.199---Constitutional…

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