| Case ID |
1aaee8b0-f711-4c01-b3d8-15c68e82330e |
| Body |
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| Case Number |
C.P. No. 2456-L of 2022 |
| Decision Date |
Jul 24, 2023 |
| Hearing Date |
Jul 24, 2023 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal, affirming the decision of the Punjab Service Tribunal which set aside the departmental order that imposed a major penalty of recovery of Rs. 5.5 million from the respondent's pension. The Court held that the disciplinary proceedings initiated against the respondent were in violation of the mandatory provisions of section 21 of the Punjab Employees Efficiency, Discipline and Accountability Act, 2006, as they were initiated more than three years after the respondent's retirement. The Tribunal's order directing the petitioner authority to grant all pensionary benefits to the respondent was upheld. |
| Summary |
The case revolves around the legal interpretation of the Punjab Employees Efficiency, Discipline and Accountability Act, 2006, particularly section 21, which mandates that disciplinary proceedings against retired employees must be concluded within two years of their retirement. The Supreme Court of Pakistan evaluated whether the disciplinary proceedings initiated against Muhammad Afzal Anjum Toor, a retired Executive Engineer, violated this provision. The case highlights the importance of adhering to statutory time limits in disciplinary actions and reinforces the authority of the Punjab Service Tribunal in safeguarding the rights of retired employees. The decision emphasizes accountability and efficiency in public service while ensuring that the due process is followed. This case serves as a precedent for future disciplinary proceedings against retired employees, clarifying the legal obligations of authorities under the PEEDA Act. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Yahya Afridi,
Sayyed Mazahar Ali Akbar Naqvi,
Musarrat Hilali
|
| Lawyers |
Baleegh-ur-Rehman,
Malik Waseem Mumtaz,
Ms. Sehr Chaudhary,
Mudassar Khalid Abbasi,
Ch. Akhtar Ali
|
| Petitioners |
CHIEF MINISTER through Secretary Government of Punjab, Irrigation Department, Lahore
|
| Respondents |
MUHAMMAD AFZAL ANJUM TOOR
|
| Citations |
2024 SLD 2704,
2024 PLC 147
|
| Other Citations |
Province of Punjab through Conservator of Forest, Faisalabad v. Javeed Iqbal 2021 SCMR 328
|
| Laws Involved |
Punjab Employees Efficiency, Discipline and Accountability Act, 2006
|
| Sections |
21
|