BASHIR ALI SHAHZAD vs BANK OF PUNJAB Ss — 2023 PLC(CS) 1059 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLC(CS) 1059 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLC
Parties: BASHIR ALI SHAHZAD vs BANK OF PUNJAB Ss
Subject matter: Criminal
Provisions referred to: S. 2; 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

BASHIR ALI SHAHZAD VS BANK OF PUNJAB Ss.2(h)(i), 20, 3 & 1(4)---'Bank of Punjab'---"Employee"---Employees in corporation service---Grounds for proceedings and penalty---Scope---Petitioner assailed his dismissal from service---Held, that, Punjab Employees Efficiency, Discipline and Accountability Act, 2006, ('the Act') was enacted to provide measures for improving employees' efficiency, discipline, and accountability in the provincial government and corporation service and ancillary matters---Section 1(4) of the Act provided that it applied to (i) employees in government service, (ii) employees in corporation service, and (iii) retired employees of the government and corporation service---Section 3 of the Act had set out the grounds on which proceedings could be undertaken against an employee---Section 20 of the Act had given an overriding effect to the Act over all other laws---Provincial Government had controlling shares in the respondent bank, therefore, it was an organization contemplated by Punjab Employees Efficiency, Discipline and Accountability Act, 2006---Petitioner also fell within the definition of "employee" given in S.2(h)(i) of the Act---Respondent should have proceeded against the petitioner under the Punjab Employees Efficiency, Discipline and Accountability Act, 2006---Therefore, proceedings against the petitioner were void ab initio---Impugned orders were set aside and the petitioner was reinstated in service with back benefits---Constitutional petition was accepted.

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