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

Section: 17

Law: Constitution of Pakistan, 1962

Section: 25,199

Punjab Employees Efficiency, Discipline and Accountability Act (XII of 2006)--- ----S.17---Constitution of Pakistan, Arts. 25 ,  199---Disciplinary proceedings---Discrimination---Petitioner was serving as Inspector Market Committee who was compulsorily retired from service during departmental proceedings but lesser punishment was imposed upon Secretary Market Committee---Validity---If Administrator Market Committee had passed an illegal order without taking Secretary Market Committee into confidence, or without his guidance even after deposit of outstanding dues and issuance of receipts, the Secretary Market Committee could bring the matter into notice of Administrator for taking further steps in line with law on the subject but shyness on his part had spoken volumes about his dubious conduct towards performance of his duties---Present was a case of clear discrimination as no distinguishing feature for imposition of harsher penalty against petitioner as compared to Secretary Market Committee was mentioned---Such act of departmental authorities was violative of Art. 25 of the Constitution---High Court maintained the conviction but reduced the punishment into one imposed to the Secretary Market Committee--- Constitutional petition was dismissed accordingly. Directorate General Emergency Rescue Service 1122 Khyber Pakhtunkhwa, Peshawar v. Nizakat Ullah 2019 SCMR 640; I.-G. (Prisons) N.-W.F.P. Peshawar and others v. Muhammad Israil, Assistant Superintendent Jail, Haripur 2006 SCMR 1948; Mazhar Ilyas Nagi and others v. Governor, State Bank of Pakistan and others 2018 PLC (C.S.) 99; Provincial Selection Board, Government of Khyber Pakhtunkhwa through Chairman/Chief Secretary, Khyber Pakhtunkhwa v. Hidayat Ullah Khan Gandapur 2021 SCMR 1904 and Government of the Punjab through Chief Secretary, Civil Secretariat, Lahore v. Khadim Hussain 1999 SCMR 1639 ref. Secretary Government of the Punjab v. Khalid Hussain Hamdani 2013 SCMR 817 and Mehar Muhammad Nawaz v. Managing Director, Small Business Finance Corporation and 2 others 2009 SCMR 187 rel. Zohaib Imran Sheikh for Petitioner. Rana Shamshad Khan, Additional Advocate General with Irshad Ali, Litigation Officer,…

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