Law:

Section:

Punjab Emergency Service Leave, Efficiency and Discipline Rules, 2007- --R. 6-Punjab Employees Efficiency, Discipline and Accountability Act (XII of 2006), S.7---Deputy Director Punjab Emergency Service---Allegation of inefficiency---Removal from service---Back benefits---Scope---Employee was removed from service and appeal against the said removal was also dismissed---Contention of employee was that penalty of removal from service could not be awarded under R.6 of Punjab Emergency Service Leave, Efficiency and Discipline Rules, 2007---Validity---Penalty of removal from service did not figure in R.6 of Punjab Emergency Service Leave, Efficiency and Discipline Rules, 2007---Penalty of deduction of emergency allowance or deduction of 1/5th salary could have been imposed on the employee and nothing more---Petitioner was a regular employee and penalty of termination of contract could not be imposed---Department could proceed against the employee under S.7 of Punjab Employees Efficiency, Discipline and Accountability Act, 2006 as allegation of inefficiency had been raised against him---Department was not invested with the power to impose penalty of removal from service against the employee---Impugned order passed by the department was not sustainable which was set aside---Employee was ordered to be reinstated in service---Intervening period to be treated as leave of kind due---Employee was directed to apply to the department for back benefits which should be determined after ascertaining as to employee remained gainfully employed during the interregnum period---Department would be at liberty to either impose the penalty upon the employee as prescribed under R.6 of Punjab Emergency Service Leave, Efficiency and Discipline Rules, 2007 or proceed under S.7 of Punjab Employees Efficiency, Discipline and Accountability Act, 2006---Constitutional petition was allowed accordingly. THIS JUDGMENT DELIVERED BY: FAISAL ZAMAN KHAN, JUSTICE:---.--- Through this petition, challenge has been thrown to orders dated 23.08.2012 and 31.05.2013 passed by respondents Nos.3 and 2 respectively. 2. Facts in brief are that petitioner was employed by the respondent-service as Deputy Director…

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