' This order will dispose off an appeal filed by Muhammad Zafran Ex-Constable No. 7351 under Section 19 of the PEEDA Act, 2006 read with Section 4 of the Punjab Service Tribunal Act, 1974.
2: The appellant was dismissed from service vide order dated 03.12.2010 on an allegation of absence from duty. Appellant preferred an appeal which was rejected on 02.11.2011, thereafter revision petition was filed which met with the same fa te, vide order dated 16.03.2013, it was rejected. Hence, this appeal.
3. Arguments advanced by the counsel for the appellant as well as learned District Attorney heard and record perused.
4. The appellant vide order dated 03.12.2010 was ordered to be dismissed from service due to absence from duty. Scanning of order dated 03.12.2010 would bring this fact on the surface that the said order was passed by Superintendent of Police, Hqrs, Rawalpindi who was not competent authority to pass such order against the present appellant. In view of the dictum laid down by the Hon'ble Supreme of Pakistan while deciding Civil Petition No. 403-L 2013 titled Raheel Khurshid Vs. CCPO Lahore etc vide order dated 02.08.2013, I feel no hesitation to observe that the basic order dated 03.12.2010 passed by Superintendent of Police, Hqrs, Rawalpindi 'was void ab-initio and any superstructure built on the said order is liable to be demolished as the same is without legal consequence, hence question of limitation would not stand in the way of the appellant reliance is placed on 2014 SCM R 1189.
5. In view of what has been discussed above and without touching the merits of the case, the appeal is allowed/accepted, all the impugned orders are set aside and the appellant is reinstated in service with immediate effect. Case is remanded to the competent authority for taking de novo proceedings against the present appellant in accordance with law. Intervening period will be determined by the competent authority.