Law: Constitution of Pakistan 1973

Section: 199

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

Section: 2(f)(ii), 4(1)(a)(ii), 4(1)(b)(vi), 5, 9, 10, 13(1), 13(3), 13(4), 13(5), 13(6), 14, 16

Law: Punjab Land Records Authority Act, 2017

Section: 3, 30, 31(1)(f)

Law: Income Tax Ordinance, 2001

Section: 236C, 236K

 Summary The Lahore High Court dismissed a constitutional petition filed by an Assistant Director Land Records (ADLR) challenging his dismissal from service under the Punjab Employees Efficiency, Discipline and Accountability Act, 2006 (PEEDA). The Court held that after the enactment of the Punjab Land Records Authority Act, 2017, the petitioner became an employee of the Punjab Land Records Authority (PLRA) by operation of law, and the disciplinary proceedings initiated by the Director General, PLRA were lawful. The Court further held that the inquiry was conducted in accordance with PEEDA, due process was observed, misconduct was duly proved, and the competent authority was legally empowered to impose a major penalty despite the Inquiry Officer's recommendation for a minor penalty. The petition was also found to suffer from delay and acquiescence. Accordingly, the dismissal order and appellate order were upheld. Tagline Once misconduct is established through a lawful inquiry under PEEDA, the competent authority is not bound by the Inquiry Officer's recommended penalty and may impose a higher punishment after complying with due process. ORDER; KHALID ISHAQ, J:-  This Constitutional Petition, filed under Article 199 of the Constitution of Islamic Republic of Pakistan (the “Constitution”), is directed against the Appellate Order dated 03.06.2025 (“Impugned Order”) passed by Respondent No.1/Senior Member Board of Revenue Punjab, Lahore (“SMBR”). Brief facts, which are necessary to decide the questions of law raised through the Constitutional Petition in hand are that on the basis of recommendation of the Punjab Public Service Commission (PPSC), the Petitioner, amongst others, was appointed as Assistant Director Land Records (ADLR) on contractual basis, in the Directorate of Land Records, Board of Revenue Punjab, Lahore vide letter of appointment dated 07.03.2013, issued under the hands of SMBR. The contractual service of the Petitioner was extended from time to time. During one of such extended contractual periods, the Punjab Land Records Authority Act, 2017 (the “PLRA Act”) was promulgated by the…

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