Law: Punjab Employees Efficiency, Discipline and Accountability Act, 2006

Section: 5(1)(a),11,11(2)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 2(b)

Law: Pakistan Penal Code, 1860

Section: 193,228

Punjab Employees Efficiency Discipline and Accountability Act, 2006 (XII of 2006)-- ----Ss. 5(1)(a) & 11--Issuance of show cause notice to inquiry officer--Allegation of ignoring facts and failure to appreciate documentary evidence--Findings of inquiry report--Disciplinary proceedings--Awarded minor penalty--Stoppage of one increment for period of three years--Review petition--Rejected--Challenge to--Competent authority no doubt can exercise powers vested in it u/S. 5(1)(a) of Punjab Employees Efficiency, Discipline and Accountability Act, 2006 and can dispense with holding of regular inquiry but for exercising such a discretionary power competent authority has to record reasoning and for that purpose has also to mention substance available in support of charges and allegations against civil servant facing disciplinary proceedings--Powers conferred upon competent authority under aforesaid provision of law are not unfettered rather same are very well circumscribed by law as else exercise of these powers would tantamount to unfettered powers which framers of law had never intended--There is no cavil to proposition that an inquiry officer performs judicial functions while determining guilt or innocence of a civil servant facing certain charges qua alleged misconduct, misappropriation, misuse of official authority and negligence in performance of duties--Thus an inquiry officer has to act like a judge while conducting inquiry proceedings and he/she has to remain independent of all sort of influences and extraneous considerations while deciding such guilt or innocence of a civil servant charged with such allegations--It appears that competent authority had referred to statements recorded by probe officer of different officials in support of allegations out of whom some had resiled during course of regular inquiry proceedings and did not support such allegations--Therefore, these statements referred as documents do not conform to definition of documents as prescribed under Law of Evidence--So far as misappreciation of available evidence attributed to present appellant, she had given detail of every such statement and had categorically mentioned in her report that…

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