Law: Punjab Emergency Service Act, 2006

Section: 3

Law: Constitution of Pakistan, 1973

Section: 199

Punjab Employees Efficiency, Discipline and Accountability Act, 2006 (XII of 2006)-- ----S. 3--Constitution of Pakistan, 1973, Art. 199--Retirement from service--Initiation of fresh inquiry proceedings after retirement--Statutory limitation for inquiry proceedings was already exonerated from inquiry proceedings before retirement--Direction to--Transmit copy of this petition along with annexures to Respondent No. 3 with a direction to treat it as objections against impugned inquiry proceedings and decide same strictly in accordance with law as well as case law referred after hearing petitioner and all concerned, through a speaking order--Petition disposed of. 2021 SCMR 328 ref. ORDER Through instant petition, petitioner has assailed office order dated 19.06.2019, passed by Respondent No. 3, whereby fresh inquiry proceedings were initiated against petitioner along with others under the Punjab Employees Efficiency, Discipline and Accountability Act (PEEDA Act), 2006 despite the fact that petitioner stood retired from service as Forest Guard w.e.f. 4.5.2016. 2. Learned counsel for petitioner submits that there is no justification for initiation of fresh inquiry proceedings against petitioner as he stood retired from service long ago on 04.05.2016. He further submits that since statutory limitation of two years, as prescribed under the PEEDA Act, 2006, for finalization of inquiry proceedings against petitioner, who is a retired employee, has elapsed, any further proceedings in this regard would be repugnant to law. He adds that even otherwise, petitioner had been exonerated in the inquiry proceedings culminating vide office order dated 11.02.2014. In the end, he submits that impugned order is not sustainable in the eye of law. In support, he has placed reliance on Province of Punjab through Conservator of Forest, Faisalabad and others v. Javed Iqbal (2021 SCMR 328), Muhammad Siddique v. Divisional Forest Officer, Okara [2014 PLC (C.S.) 253] and Syed Raza Mehdi Baqari v. Province of Punjab through Secretary, LG CD Department and 2 others [2016 PLC (C.S.) 1046]. In this regard, learned counsel also submits that issue to this extent has already been settled by this…

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