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

Section: 21

Law: Constitution of Pakistan, 1973

Section: 212(3)

Punjab Employees Efficiency, Discipline and Accountability Act, (XII of 2006)-- ----S. 21--Constitution of Pakistan, 1973, Art. 212(3) was working as forest guard--Initiation of departmental proceedings--Issuance of show-cause notice--Conducting of inquiry--Retirement from service during pendency of inquiry proceedings--Major penalty was awarded after more than two years of retirement--Aim of interpretation in law--Scheme of act--Imposing of liability on a retired employee--Statutory time frame--Exercising of power by a public official--Question of, whether proviso to Section 21 of PEEDA Act is directory or mandatory--Any long drawn departmental proceedings against a retired employee would be an unnecessary drain on resources of Government and would also distract Government from its prime objective of regulating its employees--Where a public official can impose liability on a retired employee if power is exercised within a certain statutory timeframe and there is a delay in exercise of such power on part of a public official, no such liability can be imposed after lapse of statutory period--Finalization of departmental proceedings not later than two years of retirement of employee under proviso to section 21 of Act is a mandatory provision and any proceedings after said statutory period shall stand abated and any orders passed after efflux of above time period are void and have no legal effect--Departmental proceedings against respondent have been finalized after a period of two years of his retirement, departmental proceedings, therefore, have no legal consequence and subsequent departmental orders are void and have no legal effect--Petitions dismissed. Punjab Employees Efficiency, Discipline and Accountability Act, (XII of 2006)-- ----S. 21--Proceedings against retired employee--In case of retired employee, proceedings so initiated against him shall be finalized not later than two years of his retirement. Employee-- ----A person who is in employment either in a Corporation or in Government service. JUDGMENT Civil Petitions Nos. 1554-L to 1564-L, 1566-L to 1568-L and 1570-L of 2020. Syed Mansoor Ali Shah, JUSTICE.--The substantial question of law of public…

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