CHIEF MINISTER through Secretary Government of Punjab, Irrigation Department, Lahore vs MUHAMMAD AFZAL ANJUM TOOR S — 2024 PLC(CS) 147 SUPREME-COURT

Case information

Citation: 2024 PLC(CS) 147 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: PLC
Parties: CHIEF MINISTER through Secretary Government of Punjab, Irrigation Department, Lahore vs MUHAMMAD AFZAL ANJUM TOOR S
Subject matter: Criminal
Provisions referred to: S. 21; Accountability Act; PEEDA 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

CHIEF MINISTER through Secretary Government of Punjab, Irrigation Department, Lahore VS MUHAMMAD AFZAL ANJUM TOOR S. 21, proviso--- Punjab Civil Services Pension Rules, R. 1.8(a)---Disciplinary proceedings initiated three years after retirement of employee (respondent)---Violation of proviso to section 21 of the Punjab Employees Efficiency, Discipline and Accountability Act, 2006---Major penalty of recovery of Rs. 5.5 million from the respondent's pension---Legality---Proviso to section 21 of the Punjab Employees Efficiency, Discipline and Accountability Act, 2006 (PEEDA Act, 2006) imposes a mandatory obligation on the competent authority to finalize proceedings against a retired employee not later than two years from the date of his retirement---Proviso to section 21 contains a negative phrase that has an imperative effect, making it mandatory to conclude the proceedings against a retired employee within the prescribed timeframe---Additionally, section 20 of the PEEDA Act, 2006, explicitly provides that the provisions of the Act shall have an overriding effect contrary to any other law for the time being in force---This effectively nullifies any other law that may contradict or seek to supersede the provisions of the PEEDA Act 2006---This negates the argument of the petitioner department that the disciplinary proceedings against the respondent could be initiated under the Punjab Civil Services Pension Rules---In the instant case, the disciplinary proceedings against the respondent initiated under Rule 1.8(a) of the Punjab Civil Services Pension Rules were in violation of section 21 of the PEEDA Act 2006, which is a mandatory provision---Service Tribunal had rightly set aside the departmental order and directed the petitioner authority to grant all pensionary benefits accrued to the respondent---Petition for leave to appeal was dismissed and leave was refused.

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