| Citation(s) |
|---|
| 2015 SLG 2766 2015 SLD 2766 2015 PLJ 128 |
Lahore High Court
W.P. No. 2072 of 2013, decided on 29.4.2014.
SHAH KHAWAR, J.
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W.P. No. 2072 of 2013, decided on 29.4.2014.
SHAH KHAWAR, J.
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JALEES AHMED and 3 others
VS
GOVERNMENT OF PUNJAB through Secretary Irrigation Department, Lahore--Respondent
Law:
Section:
Punjab Employees (Efficiency & Disciplines) Accountability Act, 2010-- ----S. 13(6)--Constitution of Pakistan, 1973, Art. 199--Ordered for de-novo inquiry--Interim order-Initiation of disciplinary proceedings public servant--Corruption and embezzlement of public money--Validity--It is an established principle of law that Courts cannot interfere in disciplinary matters that too provided in a special law like PEEDA Act, 2006--Competent authority be given powers to place a check over findings of inquiry officers--High Court while exercising jurisdiction under Art. 199 of Constitution, cannot indulge itself in matters pertaining to terms and conditions of service of civil servants and that too when de novo inquiry has been ordered by competent authority by exercising a power which vests in competent authority under Section 13(6) of PEEDA Act, 2006--If petitioners and other persons are aggrieved from any of final order passed by or competent authority, law provides them remedy of filing departmental appeal and review and even if not satisfied, to invoke jurisdiction of Punjab Service Tribunal under PEEDA Act, 2006--High Court under Art. 199 of Constitution cannot restrain any public functionaries from proceedings under law--Government is seized of inquiry under Section 13(6) of PEEDA Act, 2006, which cannot call for interference by High Court in writ jurisdiction. Order Through the instant writ petition, the petitioners have challenged the varies of order dated 24.01.2013, whereby the respondent has ordered for holding of comprehensive de novo inquiry into the case. 2. The brief facts of the case are that on the complaint of Govt. of the Punjab Irrigation & Power Department, Lahore 24 Officers/officials of the respondent who were posted at Muzaffargarh Canal Division, Muzaffargarh, including the petitioners, were ordered to be proceeded by the Anti-Corruption Establishment Punjab. Resultantly, a Committee was constituted to probe into the matter. According to the report of Committee, the petitioners along with others were allegedly held involved in misappropriation of public funds and Muhammad Latif Deputy Director PMO (P & R), Zone Lahore was directed…
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