WAQAS SHAHZAD vs INSPECTOR GENERAL POLICE PUNJAB, LAHORE R — 2024 SCMR 605 SUPREME-COURT

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WAQAS SHAHZAD VS INSPECTOR GENERAL POLICE PUNJAB, LAHORE R. 12---Punjab Employees Efficiency, Discipline and Accountability Act (XII of 2006), S. 17---Punjab Service Tribunals Act (IX of 1974), S. 4---Revision---Scope---No vested right to file a revision is available under Section 17 of the Punjab Employees Efficiency, Discipline and Accountability Act, 2006 and Rule 12 of Punjab Police (Efficiency and Discipline) Rules, 1975---Powers of revision in both the aforesaid provisions are suo motu i.e. on its own motion and not on application 'of any aggrieved person' -- However, one thing is common in both the aforesaid provisions that in the case of any enhancement of sentence or punishment intended in exercise of revisional powers, the said authority may provide opportunity of showing cause to such person as to why the punishment should not be enhanced---In case of any adverse findings or punishment or enhancement of punishment imposed in exercise of suo motu powers of revision within the time frame, the aggrieved person may approach the service tribunal for redress but the fact remains that revision cannot be filed as a matter of right and in case of rejection or dismissal of departmental appeal, the aggrieved employee should file the appeal before the Tribunal rather than filing revision petition or waiting for the decision of revision by the competent authority which is in fact detrimental and prejudicial to the own interest of such person who despite having in hand an adverse order passed against him in the departmental appeal, prefers to file revision petition which is not a vested right but such provision is provided to exercise suo motu powers and is not based on the condition of application 'of any aggrieved person'---In case any adverse order is passed under suo motu powers of revision against any person then obviously, he can approach the Tribunal against the adverse order being an original one but it is not meant as a remedy to cure the orders passed by the competent authority in the departmental appeal to hear it as a second appeal for which the direct remedy in the form of appeal is already provided before the concerned Service Tribunal.

WAQAS SHAHZAD vs INSPECTOR GENERAL POLICE PUNJAB, LAHORE R — 2024 SCMR 605 SUPREME-COURT

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