Law:

Section:

(a) Punjab Employees Efficiency, Discipline and Accountability Act (XII of 2006)-------S. 13 (5) & (6)---Constitution of Pakistan, Arts.199 & 212---Constitutional petition---Departmental proceedings---Competent authority---Options---De novo inquiry---Principle---Service Tribunal, jurisdiction of---Petitioners were employees of Punjab Government and their grievance was that once they had been exonerated by competent authority, no de novo inquiry could be ordered---Validity---Upon receipt of inquiry report, three options or courses were open to competent authority, who. could either exonerate the accused or punish them or order a de novo inquiry, if it was satisfied that inquiry proceedings were not conducted lawfully or on merits---Competent authority could not exercise more than one option and could not order de novo inquiry once it had exercised option of exonerating accused official---Petitioners were duly exonerated by competent authority under section 13(5) of Punjab Employees Efficiency, Discipline and Accountability Act, 2006, no fresh inquiry or de novo inquiry was called for or could be held under section 13(6) of Punjab Employees Efficiency, Discipline and Accountability Act, 2006---Grievance of petitioners could not be made subject matter of appeal before Service Tribunal who had no jurisdiction to remedy the wrong done to petitioners---Order for holding de novo inquiry against petitioners was unwarranted and unlawful and bar of Art. 212 (2) of the Constitution did not come in the way of High Court to exercise its jurisdiction under Art, 199 of the Constitution---High Court declared the order passed by competent authority for holding de novo inquiry as illegal and without lawful authority---Petition was allowed in circumstances. Muhammad Khaliq v. Board of Intermediate and Secondary Education, Lahore 2000 PLC (C.S.) 1373 and Director-General (Field), Agricultural Department, Lahore v. Haji Abdul Rehman 1989 SCMR 1224 ref. (b) Punjab Service Tribunals Act (IX of 1974)--- ----S.4---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Interim order---Service Tribunal, jurisdiction of---Scope---Any order being not final…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492