| Citation(s) |
|---|
| 2017 SLG 75 2017 SLD 75 2017 SCMR 21 |
Supreme Court of Pakistan
Civil Petitions Nos. 1324-L and 1410-L of 2015 Dated 11th March, 2016. Hearing Date : 11th March, 2016.
MIAN SAQIB NISAR AND IQBAL HAMEEDUR RAHMAN, JUSTICE
Mian Jaffar Hussain, Advocate Supreme Court for Petitioner (in C.P. 1324-L of 2015). Pervaiz Inayat Malik, Advocate Supreme Court for Petitioner (in C.P. 1410-L of 2015). Khawar Ikram Bhatti, Additional A.G. for
Respondents (in both cases).
Civil Petitions Nos. 1324-L and 1410-L of 2015 Dated 11th March, 2016. Hearing Date : 11th March, 2016.
MIAN SAQIB NISAR AND IQBAL HAMEEDUR RAHMAN, JUSTICE
Mian Jaffar Hussain, Advocate Supreme Court for Petitioner (in C.P. 1324-L of 2015). Pervaiz Inayat Malik, Advocate Supreme Court for Petitioner (in C.P. 1410-L of 2015). Khawar Ikram Bhatti, Additional A.G. for
Respondents (in both cases).
KHALID AZIZ AND anothers
VS
. GOVERNMENT OF PUNJAB THROUGH CHIEF SECRETARY, SERVICES AND GENERAL ADMINISTRATION AND OTHERS --RespondentS
Law:
Section:
(a) Punjab Employees Efficiency, Discipline and Accountability Act (XII of 2006)--- ----S. 4(1)(b)(v)---Disciplinary proceedings---Removal from service---Accused stenographer was alleged to have prepared bogus transfer letters for some teachers after taking bribes---Bribe money was allegedly delivered to the accused by the co-accused---Proper disciplinary proceedings had been conducted and after fulfilling all the codal formalities the allegations against the accused and co-accused had been fully proved---As per the statement recorded during the inquiry proceeding all the teachers almost unanimously stated that they gave different amounts to co-accused who further delivered the bribe money to accused for issuing the transfer letters which were found to be bogus---In the presence of such substantial evidence against the accused and co-accused the order for their removal from service was justified---Petition for leave to appeal was dismissed accordingly. (b) Punjab Employees Efficiency, Discipline and Accountability Act (XII of 2006)-- ----S. 5---Punjab Anti-Corruption Establishment Rules, 1985, R. 7---Civil servant/public official-Criminal proceedings by Anti-Corruption Establishment authorities---Disciplinary proceedings under Punjab Employees Efficiency, Discipline and Accountability Act, 2006---Said criminal and disciplinary proceedings could simultaneously proceed independently but the conclusion arrived at by the Anti-Corruption Establishment authorities did not, in any way, override the disciplinary proceedings. THIS JUDGMENT DELIVERED BY: IQBAL HAMEEDUR RAHMAN, JUSTICE:---.--- Both the instant petitions arise out of a consoli dated judgment dated 20.02.2015 passed by the Punjab Service Tribunal, Lahore as common question of law of public importance is involved in these matters. 2. The precise facts are that joint disciplinary proceedings were initiated against the present petitioners along with some others under the PEEDA Act, 2006 on the following allegations (against the petitioners):- "Mr. Nazir Ahmad, Senior Scale Stenographer, School Education Department, Lahore. "He prepared bogus transfer orders of Muhammad Zahid Nazeer, PST, Mr. Muhammad Saleem,…
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