ANSAR MEHMOOD Versus DIRECTOR GENERAL PUNJAB AGRICULTURE MARKETING REGULATORY AUTHORITY

ORDER

SAJJAD HUSSAIN SINDHAR, CHAIRMAN.--- Appellant filed instant service appeal under section 4 of the Punjab Service Tribunal Act, 1974 seeking setting aside of the orders dated 27.10.2023 and 2.8.2024 passed by the respondents Nos.2 and 1 respectively.

2. Admittedly, appellant is an employee of the Market Committee Pinanwal and disciplinary proceedings were initiated against him under the PEEDA Act, 2006, the appeal was filed in this Tribunal deeming appellant to be a civil servant.

Section 19 of the Act ibid after incorporation of 2(h)(i) clearly draws a line between the civil servant and employees defined under section 2(h)(i) of the Act ibid, whereunder such employees if aggrieved by any final order whether original or appellate have been excluded from the definition of a civil servant.

For further clarification Section 2(h)(i) of the PEEDA Act, 2006 is reproduced as under:- "employee means a person (i) in the employment of a corporation, corporate body, autonomous body, authority, statutory body or any other organization or institution set up, established, owned, managed controlled by the Government, by or under any law for the time being in force or a body or organization in which the Government has a controlling share or interest and includes the Chairman and the Chief Executive and the holder of any other office therein"

According to Section-2(b) of the Punjab Civil Servants Act, 1974;- "civil servant" means a person who is a member of a civil service of the Province or who holds a civil post in connection with the affairs of the Province".

In terms of the said section appellant is neither in the civil service of the Province nor he is holding a civil post in connection with the affair of the Province.

Reliance placed on judgment reported as "Muhammad Masood and others v. Market Committee and others" 2014 PLC (C.S.) 1080 and "Ibrar Hussain and another v. Secretary to the Government of Punjab, Agriculture Department and three others" 2003 PLC (C.S.) 483.

3. According to Section 4 of the Punjab Service Tribunal Act, 1974, only a civil servant who does not fall under the ambit of Section 19 read with Section 2(h)(i) can file appeal before this Tribunal.

4. For the reasons mentioned above, the titled appeal is therefore not maintainable and the same is dismissed. Appellant is at liberty to avail alternate remedy if so advised before the proper forum.

MQ/3/PST ????