PROVINCE OF PUNJAB through Conservator of Forest, Faisalabad vs JAVED IQBAL S — 2021 SCMR 328 SUPREME-COURT

Case information

Citation: 2021 SCMR 328 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: PROVINCE OF PUNJAB through Conservator of Forest, Faisalabad vs JAVED IQBAL S
Subject matter: Criminal
Provisions referred to: S. 21; Accountability Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

PROVINCE OF PUNJAB through Conservator of Forest, Faisalabad VS JAVED IQBAL S. 21, proviso---Retired employee---Departmental proceedings, finalization of---Time frame---Scope---In terms of proviso to S. 21 of the Punjab Employees Efficiency, Discipline and Accountability Act, 2006 departmental proceedings initiated against a retired employee shall be finalized not later than two years of his retirement---Said proviso was mandatory in nature, therefore, insertion of the same had a specific purpose; to conclude the proceedings against a retired employee not later than two years of his retirement---Any proceedings after the said statutory period shall stand abated and any orders passed after the efflux of the said time period were void and had no legal effect. Citation Name: 2021 SCMR 328 SUPREME-COURTBookmark this Case PROVINCE OF PUNJAB through Conservator of Forest, Faisalabad VS JAVED IQBAL 'Directory' and 'mandatory' provisions---Principles and tests to determine whether a provision in a statute was directory or mandatory in nature. Citation Name: 2021 SCMR 328 SUPREME-COURTBookmark this Case PROVINCE OF PUNJAB through Conservator of Forest, Faisalabad VS JAVED IQBAL Mandatory and directory provisions---Statutes regulating exercise of power by public officials---Principles to determine whether a provision in such a statute was directory or mandatory in nature. Citation Name: 2021 SCMR 328 SUPREME-COURTBookmark this Case PROVINCE OF PUNJAB through Conservator of Forest, Faisalabad VS JAVED IQBAL Proviso to a provision---Effect of a qualifying proviso, according to the ordinary rules of construction, was to qualify something enacted in the preceding portion of the enactmen.

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