This appeal is directed against Order No, 8206-11/PA dated 14.10.2009 whereby the appellant was dismissed from service by SP Headquarters, Lahore under the PEEDA Act, 2006, Order No, 1761/AC dated 10.2.2010 whereby his departmental appeal was rejected by CCPO, Lahore and order dated 14.1.2011 whereby his revision petition was rejected by IGP.
2. Facts leading to the instant appeal are that the appellant was proceeded against by way of show cause notices Bearing No, 1421/PA dated. 15.6.2009, No, 1055/PA dated 18.5.2009 and No, 3647/PA dated 31.12.2008 on the allegations of absence from duty under the PEEDA Act, 2006 by Superintendent of Police Headquarters, Lahore. He applied for leave because of illness but it was not granted. During the period he was getting treatment, he was proceeded against by incompetent authority. Without affording him due opportunity of defence he was dismissed from service vide impugned order dated 14.10.2009. His appeal was considered but was rejected by CCPO, Lahore without ascertaining that his absence from duty was not willful. He filed revision petition which was also rejected in a mechanical manner, hence this appeal.
2. Learned counsel for the appellant submits that SP Headquarters was not appointing authority of sub ordinate police officials in terms of Article 2 read with 23 of the Police Order, 2002 and as such not competent authority as per Section 2 (f)(ii) of the. PEEDA Act, 2006. Despite having no jurisdiction, SP Headquarters initiated disciplinary proceedings against the appellant under the PEEDA Act, 2006 and dismissed him from service vide impugned order dated 14.10.2009 without completing procedural formalities. He was not willfully absent from duty. He was suffering from serious ailment. The punishing authority was incompetent and lacked jurisdiction. Departmental appellate and revisional authorities rejected his appeal/revision petition in a mechanical manner.
He was awarded major penalty in violation of law laid down by the honourable Supreme Court of Pakistan that where imposition of major penalty is contemplated regular inquiry must be held.
Reliance has been placed on judgment of the learned FST reported vide 2008 PLC (CS) 979.
Impugned orders being unlawful and without authority, these may be set aside and the appellant may be reinstated in service. He, however; concedes that the appellant proceeded on leave but he did not move case for sanction before, during or even after availing it.
3. Learned DDA assisted by the Departmental Representative resisted arguments of the learned counsel for the appellant. He adverted that three show cause notices were served upon the appellant but he neither appeared nor submitted any reply. He remained absent from duty for 6 months and 21 days. Punishing authority had been left with no option but to dismiss him from service. Departmental appellate and revisional authorities heard him in person on 6.2.2010 and 14.1.2011. He failed to establish that his absence from duty was because, of circumstances beyond his control. Therefore, his appeal and revision petition were rejected. Case having no merits the appeal may be dismissed. It was, however, conceded that SP Headquarters was not competent authority in case of the appellant
4. Arguments advanced by the parties heard. Record produced and parawise comments submitted perused. Admittedly SP Headquarters was not competent authority in terms of Section 2(f)(ii) of the PEEDA Act, 2006 because he was not appointing authority as per Article 2 read with 23 of the Police Order, 2002. Despite having no authority and jurisdiction he was dismissed from service by SP Headquarters vide order dated 14.10.2009. Order of SP Headquarters is found unlawful, illegal and without authority. Subsequent orders of appellate and revisional authorities being based on an unlawful order shall fall to the 'ground as per dictum laid down by the honourable Supreme Court of Pakistan.
5. In view of legal position discussed above, impugned orders of the departmental authorities are set aside being unlawful, illegal and without authority. Absence from duty having been admitted by the appellant major penalty of dismissal from service is converted into stoppage of increment for two years. Resultantly the appellant shall stand reinstated in service with effect from the date he was dismissed and the period he remained off duty be treated as leave of the kind due.