| Citation(s) |
|---|
| 2025 SLG 1559 2025 SLD 1559 = 2025 LHC 4120 |
Case No. W.P.No.27688/2023
Abid Aziz Sheikh, J.
Date of hearing 17.6.2025 Petitioner by M/S Aurangzeb Tarar and Ch. Muhammad Asif Shahzad, Advocates.
Respondents by Ms. Shehzeen Abdullah, Additional Advocate General, Punjab alongwith Syed Mohsin Hassan Raza, Law Officer, Rescue 1122.
Abuzar Ghaffary
VERSUS
Province of the Punjab etc JUDGMENT
Law: Punjab Employees Efficiency, Discipline and Accountability Act, 2006
Section: 4(1)(b)(v), 5(1), 7(f)(ii), 13(5)(ii)
SUMMARY:Absence Penalty
The petitioner, a Computer Operator with Punjab Emergency Services, was removed from service for willful absence (63 days). The department bypassed a regular inquiry under Section 5(1) of PEEDA and imposed major penalty under Section 4(1)(b)(v). The court held that since the absence was less than one year, the authority had discretion under Section 7(f)(ii) but failed to exercise it proportionately or provide justification. Consequently, the court set aside the removal, reinstated the petitioner, and directed the authority to reconsider the penalty afresh. However, no back benefits were granted.
SECTIONS USED: