Punjab Civil Services Pension Rules Case Summary
The Supreme Court of Pakistan has ruled that disciplinary proceedings against a retired public servant must be finalized within two years from the date of retirement. This ruling is based on the proviso to section 21 of the Punjab Employees Efficiency, Discipline and Accountability Act, 2006 (PEEDA Act, 2006).
In the instant case, the petitioner department initiated disciplinary proceedings against the respondent employee three years after his retirement. The respondent challenged the proceedings on the ground that they were barred by the proviso to section 21 of the PEEDA Act, 2006.
The Service Tribunal set aside the departmental order and directed the petitioner authority to grant all pensionary benefits accrued to the respondent. The petitioner department filed a petition for leave to appeal against the Service Tribunal order, but the petition was dismissed and leave was refused.
The Supreme Court of Pakistan's decision in this case is a significant one, as it reinforces the principle that the PEEDA Act, 2006 is the primary law governing disciplinary proceedings against public servants, including retired public servants. The decision also serves as a reminder to government departments that they must strictly adhere to the timelines prescribed by the PEEDA Act, 2006 for initiating and finalizing disciplinary proceedings.
Disciplinary proceedings against retired public servants in Pakistan
The Supreme Court of Pakistan has held that disciplinary proceedings against retired public servants must be finalized within two years from the date of retirement. This is a mandatory requirement under the Punjab Employees Efficiency, Discipline and Accountability Act, 2006 (PEEDA Act, 2006). Any disciplinary proceedings initiated after this period of time will be barred.
The PEEDA Act, 2006 is the primary law governing disciplinary proceedings against public servants, including retired public servants. All other laws that may contradict or seek to supersede the provisions of the PEEDA Act, 2006 are nullified.
The Supreme Court's decision is a significant one, as it reinforces the principle that the PEEDA Act, 2006 is the primary law governing disciplinary proceedings against public servants. The decision also serves as a reminder to government departments that they must strictly adhere to the timelines prescribed by the PEEDA Act, 2006 for initiating and finalizing disciplinary proceedings.
Supreme Court of Pakistan upholds timelines for disciplinary proceedings against retired public servants. Disciplinary proceedings must be finalized within two years of retirement under the Punjab Employees Efficiency, Discipline and Accountability Act, 2006.