Departmental proceeding can be initiated against a government employee within two years of retirement: Supreme Court

ISLAMABAD, Sep 07 (Online): Supreme Court (SC) has remarked departmental proceedings can be initiated against a government employee within two years of retirement.
Detailed decision was written by Justice Musarrat Hilali here Thursday.
It has been said in the decision that Muhammad Afzal Anjum Toor was appointed as executive engineer in Rawal dam division Islamabad.

Irrigation department Punjab while initiating departmental proceeding issued show cause notice to the executive engineer after three years of his retirement. the accused was charged with misconduct and corruption.

The investigation team proposed in November 2020 that Rs 55 lakhs be recovered from the pension of executive engineer.

Tribunal while nullifying the departmental order in February 2022 ordered to pay pension and all privileges and perks.

The question before the court was this can departmental proceeding be initiated or otherwise against government employee after more than 3 years of retirement.

Under clause 21 of PEEDA act 2006 departmental proceedings can be initiated against the employee within two years of retirement.
SC has resolved principle in a decision that PEEDA laws are designed for ensuring good governance and achieving target of self-accountability in government employees.

The court wrote in its decision this law is related to departmental proceedings against serving employees and those retired employees against whom proceeding has been launched within one year of their retirement.

The said employee was retired on January 10, 2017 while proceeding was initiated against him on February 24, 2020. Proceedings against the employee are violation of PEEDA Act-2006. Service tribunal gave correct decision as per law. Appeal is rejected.

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