MOZAMMIL IQBAL vs DEPUTY DIRECTOR (HR) PUNJAB EMERGENCY SERVICE, LAHORE Ss — 2023 PLC(CS) 979 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLC(CS) 979 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLC
Parties: MOZAMMIL IQBAL vs DEPUTY DIRECTOR (HR) PUNJAB EMERGENCY SERVICE, LAHORE 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

MOZAMMIL IQBAL VS DEPUTY DIRECTOR (HR) PUNJAB EMERGENCY SERVICE, LAHORE Ss. 2(n), 2(k), 5 & 9---Punjab Emergency Leave Efficiency and Disciplinary Rules, 2007, Rr.3, 4 & 7---"Misconduct"---"Inefficiency"---Efficiency and performance evaluation---Initiation of proceedings---Regular inquiry---Scope---Definition of "misconduct" in S.2(n) in Punjab Employees Efficiency, Discipline and Accountability Act, 2006 is not exhaustive, however, by applying the rule of ejusdem generis, the allegations of three unsatisfactory PERs for two consecutive years fall in the definition of "inefficiency" under S.2(k) of Punjab Employees Efficiency, Discipline and Accountability Act, 2006 and not under "misconduct" as defined in S.2(n) of the Punjab Employees Efficiency, Discipline and Accountability Act, 2006---However, R.4(5) of the Punjab Emergency Leave Efficiency and Disciplinary Rules, 2007, has introduced this ground as a new ground with major penalty of removal from service---Indeed under R. 3 of the Punjab Emergency Leave Efficiency and Disciplinary Rules, 2007, the Punjab Emergency Leave Efficiency and Disciplinary Rules, 2007 are in addition to Punjab Employees Efficiency, Discipline and Accountability Act, 2006, therefore, this new ground could be introduced in the Punjab Emergency Leave Efficiency and Disciplinary Rules, 2007, considering sensitive nature of the job, however, other provisions of Punjab Employees Efficiency, Discipline and Accountability Act, 2006, including regular inquiry under Ss.5 & 9 of the Punjab Employees Efficiency, Discipline and Accountability Act, 2006, cannot be dispensed with.

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