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

Section: 3,9

Law: Punjab Civil Servants (E&D) Rules, 1999

Section: R.7.3

Law: Constitution of Pakistan, 1973

Section: 10-A

Punjab Employees Efficiency, Discipline and Accountability Act, 2006 (XII of 2006)-- ----Ss. 3 & 9--Constitution of Pakistan, 1973, Art. 10-A--Failing to perform obligatory duty--Illegal gratification--Charge of corruption and negligence--Show cause notice--Inquiry was exparte--Principles of natural justice--Authority conducted enquiry proceedings in a haste, which is against principles of natural justice--Report of enquiry conducted by DSP Investigation, Muzaffargarh dated 13.03.2010 reflects that appellant was not heard and he was not joined said enquiry proceedings, enquiry was exparte and enquiry officer recorded one-sided version--It is a settled law that one sided decisions, orders and s are not considered to be the balanced verdicts. No one can be condemned unheard. It is against the principles of natural justice i.e. audi alterm partum and also a violation of Article 10-A of Constitution of Islamic Republic of Pakistan--Accused cannot be knocked technically--Technical justice has no sanctity in the eye of law--Punishing authority also did not look into vires of said report and based his order of dismissal of appellant from service on said ex-parte report--In same way, appellate authority has also overlooked same, so impugned orders suffer from illegality--I am convinced that remand of case at this belated stage as appellant has also attained age of superannuation, would be a futile exercise and would amount to further slaughter of appellant by taxes of departmental authorities--Appeal disposed of. 2003 SCMR 73 & 2007 SCMR 1643, ref. Punjab Civil Servants (E&D) Rules, 1999-- ----R. 7.3--Intervening period--Leave of kind due--Department is directed to issue a formal notification of retirement of appellant--As far as intervening period, during which appellant had remained out of service, is concerned, same shall be treated as leave of kind due in light or Rule 1 of C.S.R Punjab. THIS JUDGMENT DELIVERED BY: RAO ABDUL JABBAR KHAN, MEMBER-II---.--- Brief facts of the case are that the appellant was proceeded against departmentally under PEEDA Act, 2006 on the following charges: "While posted at Police Station Shahjamal failed to perform his…

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