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Procedural Lapses in the Dismissal Process --- Lahore High Court declared the Dismissal Orders against Lahore Development Authority (LDA) officials as Illegal

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Procedural Lapses in the Dismissal Process --- Lahore High Court declared the Dismissal Orders against Lahore Development Authority (LDA) officials as Illegal

Islamabad 04-12-2024: The Lahore High Court (LHC), in a significant judgment delivered on October 28, 2024, declared the dismissal orders against officials of the Lahore Development Authority (LDA) as illegal and without lawful authority. Mr. Justice Muhammad Sajid Mehmood Sethi issued the decision while hearing [Writ Petition No. 14605 of 2022] and the connected [W.P. No. 17464 of 2022].

The Petitioners, former LDA employees, had challenged their dismissal orders dated January 31, 2014, and February 11, 2022, which were imposed as penalties for alleged gross misconduct and corruption. The petitioners argued that these orders violated procedural safeguards under the Punjab Employees Efficiency, Discipline, and Accountability Act (PEEDA Act), 2006. One petitioner, having reached the age of superannuation, also sought pensionary benefits.

The Court observed several procedural lapses in the dismissal process and ruled that the competent authority had acted beyond its mandate. Mr. Justice Muhammad Sajid Mehmood Sethi highlighted that the dismissal orders failed to comply with mandatory procedural safeguards, including issuing notices for the enhancement of punishment and providing reasoned orders justifying the deviation from the Inquiry Officer’s recommendations.

Mr. Justice Muhammad Sajid Mehmood Sethi emphasized the following legal principles:

The competent authority must adhere to statutory safeguards, including issuing notices for enhancing penalties and giving accused officials an opportunity to defend themselves. Penalties must be proportional to the misconduct and supported by substantive evidence. Any deviation from the Inquiry Officer’s recommendations must be accompanied by detailed reasoning and conscious application of mind.

The Lahore High Court set aside the impugned orders and directed the competent authority to initiate fresh proceedings in compliance with procedural and legal requirements. The Court also underscored the need for proportionality in administrative decisions, ensuring penalties are neither excessive nor arbitrary.

This judgment reinforces the importance of procedural fairness and proportionality in administrative proceedings. It also sets a precedent for ensuring transparency and accountability in disciplinary actions against public officials.