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. 5; 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.20, 5 & 9---Punjab Emergency Leave Efficiency and Disciplinary Rules, 2007, R.4---Act to override other laws---Initiation of proceedings---Efficiency and performance evaluation---Scope---Section 20 of Punjab Employees Efficiency, Discipline and Accountability Act, 2006 gives overriding effect to Punjab Employees Efficiency, Discipline and Accountability Act, 2006, on any other law, hence Punjab Emergency Leave Efficiency and Disciplinary Rules, 2007, by mere implication cannot dispense with the provision of regular inquiry under Ss. 5 & 9 of Punjab Employees Efficiency, Discipline and Accountability Act, 2006, unless same was dispensed with by recording reasons under S.5(1)(a) of Punjab Employees Efficiency, Discipline and Accountability Act, 2006---Similarly just because Competent Authority may impose major penalty of removal from service under R.4(5) of the Punjab Emergency Leave Efficiency and Disciplinary Rules, 2007, the other proportionate lesser penalties including minor penalties for inefficiency under Punjab Employees Efficiency, Discipline and Accountability Act, 2006, cannot be excluded.

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