2023 PLC(CS) 1403 LAHORE-HIGH-COURT-LAHORE

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JALIL AHMED VS GOVERNMENT OF PUNJAB through Secretary Local Government and Community Organization, Punjab, Lahore Employee of Town Municipal Administration---Major penalty---Dismissal from service---Wilful defiance of re-instatement order passed by High Court---Authorities (Department of Local Government and Community Development) did not challenge re-instatement order of the High Court but instead passed fresh dismissal order against the petitioner/employee without holding regular inquiry---Legality---Stance of the petitioner was that not only under the law Tehsil Municipal Officer was the competent authority (and not the Administrator), but he had also denied allegations/charges against him, therefore, regular inquiry could not have been dispensed with---Record revealed that the petitioner was reinstated into service pursuant to order passed by the High Court in earlier round of litigation---Respondents/authorities, however, in order to frustrate said order, instead of challenging the same before higher forum, passed a fresh order (impugned order) of dismissal from service---Mala fide/defiance on the part of the respondents was also floating from the report/para-wise comments submitted by them in the present case---It was a case of deliberate defiance of previous order passed by the High Court on part of respondents/authorities, which amounted to frustrating the fundamental stone of the scheme of administration of justice---Willful, deliberate and contemptuous attempt to frustrate the order of the High Court could attract penal consequences---There was nothing on record to show that the petitioner procured his appointment through fraud or illegal means---Employee should not be made to suffer for action or inaction of the authority who was obliged to follow the law---High Court set aside impugned dismissal order issued by the respondents/ departmental authorities---Constitutional was allowed, in circumstances.

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