DISPENSATION OF REGULAR INQUIRY UNDER PEEDA ACT 2006 IN PAKISTANI LAW: A CRITICAL REVIEW
This article will look into the circumstances under which regular inquiry can be dispensed with under the Punjab Employees Efficiency, Discipline and Accountability (PEEDA) Act 2006. It will be suggested that two conditions must be fulfilled before taking such an action. First, the department should have irrefutable documentary evidence to sustain the charge, and second reasons should be recorded in writing as to why regular inquiry is not needed. Next, the article will deliberate upon the importance of regular inquiry qua fair trial rights as guaranteed under article 10-A of the constitution. In the third place, the article will examine different types of inquiries, including fact finding and regular inquiry, de novo inquiry and inquiries applicable to contractual employees to make a point that one type cannot be substituted for another. Not only that, an attempt will be made to understand legislative intent behind the requirement to record reasons to dispense with regular inquiry. Finally, recommendations and conclusions will be made as to how the law can be made more responsive to the ordeal of civil servants pitched against the departments in long drawn litigation.