MUHAMMAD SAEED ANWAR vs DISTRICT EDUCATION OFFICER (M), BAHAWALNAGAR and others
This petition for leave to appeal before the Supreme Court of Pakistan was filed against a judgment of the Punjab Service Tribunal which upheld the termination of the petitioner from service as a PTC teacher. Disciplinary proceedings were initiated against the petitioner under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, upon discovering that his educational qualification certificates were bogus. The petitioner contended that there was a lack of proper application of mind and failure to conduct a proper inquiry. The Supreme Court examined the record and observed that proper show-cause notices were issued and the Directorate of Education had duly verified both the PTC and CT certificates, finding them to be bogus. The Court held that where the authenticity of basic certificates is verified and established as bogus by the relevant authority, the requirement for any further departmental inquiry does not arise. Finding that all mandatory disciplinary formalities were satisfied and no prejudice was caused, the Supreme Court dismissed the petition under Article 212(3) of the Constitution.
- Is a detailed departmental inquiry necessary when a civil servant's educational certificates are verified and proven bogus by the relevant authority?
- Does the termination of a civil servant based on verified bogus certificates violate statutory disciplinary rules when due show-cause procedure was followed?
- Punjab Civil Servants (Efficiency and Discipline) Rules 1975
- Article 212(3), Constitution of Pakistan 1973
ORDER
' JAVED IQBAL, J.---This petition for leave to appeal is directed against judgment dated 7-8-2001 passed by learned Punjab Service Tribunal whereby the appeal preferred on behalf of petitioner has been dismissed and order dated 28-1-1999 concerning his termination from services passed by District Education Officer, Bahawalnagar, was kept intact.
2. Precisely stated the facts of the case are that petitioner was appointed as PTC teacher on 27-4- 1988 and subsequently passed CT examination. The PTC certificate of the petitioner was found bogus as a result whereof disciplinary proceedings under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, were initiated against him. After completion of necessary formalities his services were terminated on 28-1-1999 by the District Education Officer, Bahawalnagar. Being aggrieved an appeal was preferred before the Punjab Service Tribunal which has been dismissed, hence this petition.
3. It is mainly contended by Mr. Muhammad Bashir, learned Advocate Supreme Court on behalf of petitioner that the services of petitioner were terminated as his PTC certificate was found bogus but on the contrary it was mentioned in the show-cause notice that the CT certificate was not genuine meaning thereby that termination order was passed without diligent application of mind by the District Education Officer which resulted in serious miscarriage of justice. It is urged with vehemence that order of termination from service was passed on a concocted and false report without proper verification. It is next contended that proper inquiry was never conducated in order to determine the genuineness of the CT certificate.
4. Mr. Aziz Ahmed Chughtai, learned Advocate Supreme Court on behalf of respondents has strenuously controverted the view-point as canvassed by Mr. Muhammad Bashir, learned Advocate Supreme Court for petitioner and submitted that both the certificates of petitioner i,e, PTC and CT were sent for verification of the Education Department which were found bogus after having verification by the Deputy Director (Admn.), Directorate of Education, Bahawalpur, and Assistant Director (Examination) Directorate of Education, Bahawalpur. It is also pointed out that all the necessary formalities as enumerated in the Punjab Civil Servants (Efficiency and Discipline)
Rules, 1975, have been complied with and no injustice whatsoever has been done.
5. We have carefully examined the respective contentions as agitated on behalf of parties and perused the record made available carefully. It transpired from scrutiny of record that proper show-cause notice was issued which was replied on 14-12-1998 by the petitioner wherein it was admitted that his PTC examination certificate was tampered with by someone else. The plea of the petitioner was not found tenable by the department. The Directorate of Education after having proper verification concluded that both the certificates i,e, PTC and CT were bogus and declared as such by the Assistant Director A (Examination), Directorate of Education, Bahawalpur. We are not persuaded to agree with the learned Advocate Supreme Court on behalf of petitioner that proper inquiry was not conducted for the reasons that authenticity and genuineness of both the certificates was made and after having verification that same were bogus the question of any inquiry or further proble does not arise. As mentioned hereinabove all the mandatory formalities as envisaged under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, were complied with and no prejudice whatsoever has been caused to the petitioner.
6. In view of forgeoing discussion we are of the considered opinion that judgment impugned being unexceptionable admits no interference by this Court in exercise of its jurisdiction under Article 212
(3) of the Constitution of Islamic Republic of Pakistan. The petition being devoid of merit is dismissed and .