MUHAMMAD ZAHID ATTA vs LAHORE DEVELOPMENT AUTHORITY ("LDA") Ss — 2025 PLC(CS) 314 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD ZAHID ATTA VS LAHORE DEVELOPMENT AUTHORITY ("LDA") Ss.4(1)(b)(iii), 4(1)(b)(vi) & 13(4)---Enhancement of penalty by the competent authority in disagreement with the recommendations of inquiry officer---Scope---Inquiry Officer recommended penalty of forfeiture of 03 years' past service on the basis of allegation of involvement in misplacement of file of plots belonging to L.D.A.---Competent Authority while disagreeing with the recommendations of Inquiry Officer imposed the penalty of dismissal from service without issuance of any show cause notice of enhanced penalty and without assigning any reason---Validity---Competent authority is not bound by the recommendations of Inquiry Officer qua the award of penalty to the accused officer/ official, however, if the competent authority intends to deviate from those recommendations, it must adhere to certain procedural safeguards i.e. firstly, the competent authority is required to give mandatory notice to the accused officer/official qua enhancement in punishment recommended by the Inquiry Officer affording him an opportunity to defend his position and to plead his case against enhancement of penalty; and secondly, the competent authority has to pass a reasoned order for disagreeing with the recommendations of the Inquiry Officer demonstrating a conscious application of mind---Competent Authority issued show cause notice to petitioner under S.13(4) of the PEEDA Act, 2006, specifically observing that the Competent Authority agreed with the findings of the Inquiry Officer the notice did not reflect that the Competent Authority intended to enhance the recommended penalty---Respondent Authority had also acknowledged that the plots in question were cancelled and no financial loss had occurred to the Authority---Even no specific reference to the evidence or material was made, which urged Competent Authority to award major penalty---Constitutional petition was allowed, in circumstances.

MUHAMMAD ZAHID ATTA vs LAHORE DEVELOPMENT AUTHORITY ("LDA") Ss — 2025 PLC(CS) 314 LAHORE-HIGH-COURT-LAHORE

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