Case Details

Citation(s)
2018 SLG 996 2018 SLD 996 2018 PLC 480
Lahore High Court
W.P. No. 2810 of 2016, decision Dated: 13-12-2017.
JAWAD HASSAN, JUSTICE
Ch. Tariq Javed for Petitioner. Nauman Qaiser for
Respondents Nos.1 to 3. Ch. Umar Hayat Kamran for
Respondent No. 4.

SADAF MUBEEN

VS

GENERAL MANAGER TEVTA AND OTHERS

Law:

Section:

Punjab Employees Efficiency, Discipline and Accountability Act (XII of 2006) --- ----S. 4(1)(b)(v)---Principal Vocational Training Institute---Allegation of misconduct and misuse of authority---Removal from service---Scope---Employee was afforded personal hearing and heard at length by the appellate authority---Petitioner received bribe of Rs. 300,000/- from two persons to secure their job---Petitioner-employee had failed to negate the facts by cogent and confidence inspiring evidence she was rightly terminated from service on proving allegations against her---Constitutional petition was dismissed in circumstances. THIS ORDER PASSED BY: JAWAD HASSAN, JUSTICE:---.--- Through the instant petition, filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (the "Constitution"), the Petitioner has assailed the orders dated 21.08.2013 whereby she was terminated from service and order dated 23.06.2015 whereby her Appeal was dismissed. 2. The brief facts of the case are that the Petitioner was Principal (BS-17) at Government Vocational Training Institute (W), Chiniot, District Jhang. In pursuance of a complaint an inquiry was conducted against the Petitioner and Respondent No. 4 wherein the Petitioner was exonerated by the Inquiry Officer, consequently, she was reinstated into service vide order dated 30.07.2012. But subsequently, the Petitioner was again placed under suspension on initiation of de novo inquiry proceedings under the Punjab Employees Efficiency, Discipline and Accountability Act, 2006 (the "Act"). After concluding de novo inquiry, the Petitioner was subjected to major penalty of removal from service vide the impugned order dated 21.08.2013. The Petitioner filed Appeal against her removal from service order which was declined on 23.06.2015. Subsequently, the Appeal filed by the Petitioner before the Punjab Service Tribunal was withdrawn. Hence, the instant petition. 3. Learned counsel for the Petitioner inter alia submitted that the impugned orders are illegal and arbitrary; that the Petitioner was exonerated in the first inquiry by the competent authority and there is no provision of de novo inquiry under the Act; that in the…
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