MUHAMMAD WARIS vs DIRECTOR GENERAL, PUNJAB EMERGENCY SERVICES RESCUE 1122 , LAHORE S — 2022 PLC(CS) 367 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PLC(CS) 367 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PLC
Parties: MUHAMMAD WARIS vs DIRECTOR GENERAL, PUNJAB EMERGENCY SERVICES RESCUE 1122 , LAHORE S
Subject matter: Criminal
Provisions referred to: S. 7---C; 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

MUHAMMAD WARIS VS DIRECTOR GENERAL, PUNJAB EMERGENCY SERVICES RESCUE 1122 , LAHORE S.7---Constitution of Pakistan, Arts. 199, 4 & 10-A---Constitutional petition---Rights of individuals to be dealt in accordance with law---Right to fair trial---Procedure where regular inquiry dispensed with---Scope---Petitioner assailed order of his removal from service---Show cause notice revealed that there were multiple stigmatic and serious allegations against the petitioner and the petitioner had refuted these allegations in his reply to the show-cause notice---Matter involving controversial questions of facts could not have been decided without detailed scrutiny and proper appreciation of oral and documentary evidence---Spirit of Punjab Employees Efficiency, Discipline and Accountability Act, 2006, was that such major punitive action against an employee should have been taken after an inquiry---Department had proceeded to impose major penalty upon the petitioner without resorting to the procedure of inquiry as contemplated by the provisions of Punjab Employees Efficiency, Discipline and Accountability Act, 2006---Petitioner had fundamental rights to fair trial, due process and to be treated in accordance with law for determination of the civil rights and obligations as envisaged under Arts. 4 & 10-A of the Constitution---Constitutional petition was allowed, impugned order was set aside and the matter was remanded to the competent authority for holding regular inquiry strictly in accordance with law.

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