Law:

Section:

(a) Punjab Employees Efficiency, Discipline and Accountability Act (XII of 2006)--- ----S.5---Initiation of proceedings---Termination from service---Withholding regular inquiry---Effect---Petitioner challenged order passed by department whereby his services were terminated on account of professional misconduct, negligence and inefficiency---Held, that impugned order carried a stigma with it, which had admittedly been passed without a regular inquiry---Impugned order was set aside for being void and having been passed without lawful authority---Competent authority could proceed against the petitioner on the basis of allegations in question after holding a regular inquiry---Constitutional petition was allowed. (b) Civil service--- ----Misconduct---Termination from service---Withholding regular inquiry---When an employee is to be terminated on the ground of misconduct, which in itself is a stigma, it is mandatory for the department to hold regular inquiry enabling the employee to defend the allegations levelled against him before an unbiased and independent forum. Muhammad Riaz v. Medical Superintendent, Services Hospital, Lahore and 2 others 2016 PLC (C.S) 296; Farhan Mehmood v. Secretary, Government of the Punjab Healthcare Department and 3 others 2018 PLC (C.S.) 70 and Muhammad Waris v. Director General, Punjab Emergency Services Rescue 1122 (2022 PLC (C.S.) 367) ref. Pakistan Defence Officers Housing Authority and others v. Lt. Col. Syed Javaid Ahmed 2013 SCMR 1707; Zahoor Ahmed v. WAPDA and others 2001 SCMR 1566; Aleem Jaffar, Ex-Line Superintendent, WAPDA, Lahore v. WAPDA through its Chairman, Lahore and 2 others 1998 SCMR 1445; Muhammad Amjad v. The Chief Engineer, WAPDA and another 1998 PSC 337 and The Secretary Government of the Punjab through Secretary Health Department, Lahore and others v. Riaz-ul-Haq 1997 PLC (C.S.) 873 rel. Date of hearing: 18th May, 2022. JUDGMENT RAHEEL KAMRAN, J.----Through this writ petition, the petitioner has challenged the order dated 06.05.2022 passed by respondent No.2 whereby the services of the petitioner as Medical Officer (BPS-17/Ad hoc) in District Headquarter Hospital, Lodhran were recommended to be terminated on…

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