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

Section: 21

Punjab Employees Efficiency, Discipline and Accountability Act (XII of 2006)--- ----S. 21, proviso--- Punjab Civil Services Pension Rules, R. 1.8(a)---Disciplinary proceedings initiated three years after retirement of employee (respondent)---Violation of proviso to section 21 of the Punjab Employees Efficiency, Discipline and Accountability Act, 2006---Major penalty of recovery of Rs. 5.5 million from the respondent's pension---Legality---Proviso to section 21 of the Punjab Employees Efficiency, Discipline and Accountability Act, 2006 (PEEDA Act, 2006) imposes a mandatory obligation on the competent authority to finalize proceedings against a retired employee not later than two years from the date of his retirement---Proviso to section 21 contains a negative phrase that has an imperative effect, making it mandatory to conclude the proceedings against a retired employee within the prescribed timeframe---Additionally, section 20 of the PEEDA Act, 2006, explicitly provides that the provisions of the Act shall have an overriding effect contrary to any other law for the time being in force---This effectively nullifies any other law that may contradict or seek to supersede the provisions of the PEEDA Act 2006---This negates the argument of the petitioner department that the disciplinary proceedings against the respondent could be initiated under the Punjab Civil Services Pension Rules---In the instant case, the disciplinary proceedings against the respondent initiated under Rule 1.8(a) of the Punjab Civil Services Pension Rules were in violation of section 21 of the PEEDA Act 2006, which is a mandatory provision---Service Tribunal had rightly set aside the departmental order and directed the petitioner authority to grant all pensionary benefits accrued to the respondent---Petition for leave to appeal was dismissed and leave was refused. Province of Punjab through Conservator of Forest, Faisalabad v. Javeed Iqbal 2021 SCMR 328 ref. JUDGMENT MUSARRAT HILALI, J.---Through this petition for leave to appeal, the petitioner has assailed order dated 22.02.2022 passed by the Punjab Service Tribunal Lahore in which the Appeal No. 5342 of 2021 filed by the respondent was…

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