MULAZIM HUSSAIN vs GOVERNMENT OF THE PUNJAB Ss — 2023 PLC(CS) 1184 LAHORE-HIGH-COURT-LAHORE

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MULAZIM HUSSAIN VS GOVERNMENT OF THE PUNJAB Ss.1(4)(iii) & 21---Punjab Civil Services Pension Rules, 1955, Rr.1.8(a) & 1.8(b), proviso---Retirement---Departmental proceedings, initiation of---Limitation---Show-Cause Notice was issued by the Respondents/Health Department to the employee after a lapse of almost three years and two months from his retirement---Question was whether after lapse of more than one year from the date of petitioner's retirement, SCN/de novo inquiry could be initiated against him or not---Respondents contended that inquiry could be initiated against an employee under R.1.8 of the Punjab Civil Services Pension Rules, 1955, during or after completion of his service---Validity---Sections 1(4)(iii) & 21 of the Punjab Employees Efficiency, Discipline and Accountability Act, 2006 ('PEEDA, 2006') stipulated that proceedings under PEEDA, 2006, could be initiated against a retired employee of government provided the same were (i) initiated against him during his service or within one year of his retirement ; and (ii) finalized not later than two years of his retirement---Time lag inserted in the said provisions of law was manifestly intended to safeguard the interest of the retired employees so that the sword of damocles should not hang upon them for an indefinite period---Proviso to R. 1.8(b) of Punjab Civil Services Pension Rules, 1955, stipulated that no departmental proceedings would be instituted after more than a year from the date of retirement of the government pensioner---Rule of law required that things should be done as they were required to be done or not at all---Every person in execution of law should follow the law strictly as laid down and should not exceed the limit of law for any reasons whatsoever---High Court set aside impugned Show-Cause Notice issued by the respondent/Health Department declaring the same to be illegal and without lawful authority---Constitutional was allowed, in circumstances.

MULAZIM HUSSAIN vs GOVERNMENT OF THE PUNJAB Ss — 2023 PLC(CS) 1184 LAHORE-HIGH-COURT-LAHORE

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