Lahore High Court Declares Dismissal Without Inquiry Illegal

Lahore High Court rules dismissal without inquiry under PEDA Act illegal, orders reinstatement.

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لاہور ہائیکورٹ کا فیصلہ، انکوائری کے بغیر برطرفی غیر قانونی قرار

Lahore: (RightNow) Lahore High Court has ruled that dismissal of an employee under the PEDA Act without an inquiry is illegal. The court stated that dismissal as a punishment is not included in the PEDA Act.

The decision was announced on the petition of Shafiq Khushnood, a security guard at Lahore General Hospital. Shafiq faced allegations of theft and absenteeism. The department dismissed him without a formal inquiry after a show-cause notice.

Despite opposition from the government side, the court declared that dismissal without inquiry is not lawful. The relevant authority did not provide a solid reason for not conducting an inquiry.

This decision is significant under the principles of natural justice. The court emphasized that the employee must be given a full opportunity to defend, especially when facing severe punishment.

It is noteworthy that dismissal is not included as a punishment under the PEDA Act. The court has ordered the reinstatement of the petitioner and granted the department the authority to conduct an inquiry.

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