' Through this appeal, appellant has challenged orders dated 15.05.2012 and 09.09.2012 whereby punishment of dismissal from service was inflicted upon the present.Appellant.
2. Arguments heard and record perused.
3. Pursuant to statement of allegation, charge sheet and different show-cause notices fully detailed in order dated 15.05.2012, the appellant was dismissed from service ex-parte under the provisions of PEEDA Act, 2006. Against this order, departmental appeal was filed, which was rejected by Respondent No. 1 vide his order dated 09.09.2013. Careful scanning of the basic order dated 15.05.2012 would bring this fact on the surface that the said order was not passed by the competent authority and on his behalf, somebody passed an order, whereby punishment of dismissal from service was awarded against the present appellant.
4. It is settled principle of law that v. Henever a penal order is to be passed, the same was to be passed by the competent authority and not by his subordinate or even with the approval of the competent authority. Reliance is placed on PLJ 2012 Tr.0 (Service) 165.
5. It is also settled principle of law that a delegatee can not further delegate his powers to any other person. In this instant case, the competent authority, CCPO Lahore was a delegatee and he could not have delegated his powers to any of his subordinate or authorized somebody else on his behalf to inflict major punishment against the present appellant. The departmental appellate authority failed to note this crucial and important aspect of the case and rejected the departmental appeal in an arbitrary manner.
6. It is corollary of law that when basic order is passed by an incompetent authority, period of limitation would not come in the way of the aggrieved person. Reliance is placed on 2014 SCMR 1189 and 2015 PLC (C.S) 151.
7. In view of what has been discussed above, this appeal is allowed, impugned orders are set aside and the appellant is reinstated in service with immediate effect. However keeping in view the seriousness of the matter, the case is remanded to the competent authority for denovo proceedings and disposal of the same strictly in accordance with law. This Tribunal has eschewed itself from touching the merits of the case so that it may not prejudice the wisdom of the competent authority. Intervening period shall also be decided by the competent authority.