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

Section: 13(6)

Punjab Employees Efficiency Discipline and Accountability Act, 2006-- ----S. 13(6)--Allegation of--Immoral activities and sexual harassment--Conducting of regular inquiry--Issuance of show cause notice--Recommendations of inquiry officers--Imposition of minor penalty--Denovo inquiry--Reduction of two lower stages--Review petition--Turned down--Powers of competent Authority was transgressed--Challenge to--It is mandatory for competent authority to record reasons in writing and to this extent impugned orders suffer from serious legal infirmities as previous inquiry officer namely Mr. Ashiq Hussain Jaffari, Director (P&B) Directorate of Public Instruction (EE) Punjab, Lahore/Inquiry Officer had given specific reference of statements recorded in support of allegations as well as other material produced on behalf of defence and had recorded findings that charges had not been proved against appellant--Competent authority had awarded proposed punishment as a consequence of second inquiry report and had not acted upon earlier inquiry report by proceeding to enhance punishment without recording reasons--Sole incriminating material in statement of complainant Mumtaz Ahmad Qureshi needs consideration--A sifting of statement of Mumtaz Ahmad Qureshi would disclose that he did not mention name of student with whom he found appellant in an objectionable condition--He did not mention date and time of occurrence--Statement of complainant Mumtaz Ahmad Qureshi regarding preparation of CD is of no probative value as said CD was not produced during course of inquiry proceedings--Said complainant failed to justify lodging of complaint with a delay of one month--In wake of solitary statement of Mumtaz Ahmad, which is somehow supportive to allegations to extent of his Chief Examination also becomes highly doubtful in view of his replies in cross examination and for reasons of deductions of probative value of his statement as afore discussed--Inquiry officer seems to have lost sight of nature of allegations leveled in show cause notice that it was general repute of appellant as well as his overall immoral activities for which he was charged and was put to disciplinary proceedings,…

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