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

Section: 4(1)(b)(v),4(1)(b),5(1)(a)

(a) Punjab Employees Efficiency, Discipline and Accountability Act (XII of 2006)--- ----S.4(1)(b)(v)---Willful absence from duty---Removal from service---Petitioner remained absent from duty for a period of eight long years without obtaining any leave from the department---Record showed that he went abroad---In the earlier departmental proceedings, he was issued three notices for personal hearing but instead of personally appearing before the competent authority he sent his brother---Absence of petitioner from duty was confirmed by the Head Master of the School where the petitioner was serving, and the competent authority i.e. concerned District Education Officer had also visited the school and found the petitioner absent from duty---Despite that to meet the ends of justice, de novo proceedings were directed to be carried out against the petitioner on the charge of absence---Inquiry officer was deputed to probe into the matter, who found the petitioner guilty of the charge---Petitioner was also heard by the competent authority in person and after that major penalty of removal from service was imposed upon him---Petition for leave to appeal was dismissed and leave was refused. (b) Punjab Employees Efficiency, Discipline and Accountability Act (XII of 2006)--- ----Ss. 4(1)(b), 5(1)(a)---Willful absence from duty---Major penalty---Regular inquiry---Not required---Where the absence from duty was admitted, there was no need to hold regular inquiry. National Bank of Pakistan v. Zahoor Ahmed 2021 SCMR 144 ref. JUDGMENT SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Through this petition under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has called in question the judgment dated 18.07.2018 passed by the Punjab Service Tribunal, Lahore, whereby the Service Appeal filed by him was dismissed and the major penalty of removal from service was maintained. 2. Briefly stated the facts of the matter are that petitioner while serving as EST Teacher in Government Boys Elementary School, Darnoian, Tehsil Kotli Sattian was proceeded against under Punjab Employees Efficiency, Discipline and Accountability Act, 2006, for the charges of (i)…

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