Subject: APPEAL AGAINST THE ORDER NO.

SOA-I(E&T)PF/15/M/04(VOL-II)
DATED 29-10-2018 OF THE SECRETARY EXCISE, TAXATION &
NARCOTICS CONTROL DEPARTMENT.

14. The additional defense submitted by the petitioner to the Chief Secretary, Punjab
/ Appellate Authority has been examined in the department. The petitioner has requested the
Chief Secretary / Appellate Authority to set aside the orders of penalty of forfeiture of past
service for a period of one year on the ground that order dated 27-05-2016 passed by him had
assumed finality as per judgement dated 11-07-2019 of the Honorable Lahore High Court,
Lahore.

15 The contention of the petitioner is not tenable. The Honorable Lahore High
Court, in the said judgement, had referred the case to Secretary ET&NCD to decide the matter
by providing an opportunity of hearing to all concerned. After hearing all stakeholders and
perusing the record, Secretary ET&NCD referred the matter to Director, E&T, Sahiwal, vide
Order dated 11-09-2019 (Annex-M), to re-examine all facts of the case and decide it on merit in
the capacity of Appellate Authority under Section 36 of Motor Vehicle Ordinance 1965 read
with Rule 29 of Motor Vehicle Rules 1969.

16. The contention of the appellant that his order has been vindicated by the
directions of the Court and decision of Secretary ET&NCD is not correct. The High Court had
set aside the order of MRA dated 10-11-2017 on technical grounds as a lower authority cannot
revoke the orders of a higher authority and referred the matter to Secretary ET&NCD. The
Secretary ET&NCD after adverting to the relevant provisions of MVO 1965 and MVR 1969
referred it to the Director who is the competent authority in these matters.

17. Submitted for perusal / orders of the Chief Secretary, Punjab/ Appellate
Authority, please.

(WAJIHULLAH KUNDI)
SECRETARY EXCISE, TAXATION &
NARCOTICS CONTROL DEPARTMENT

CHIEF SECRETARY PUNJAB / APPELLATE AUTHORITY