PROVINCE OF PUNJAB through Secretary Education (EE), Government of the Punjab, Lahore and others vs LIAQAT ALI
This petition for leave to appeal was filed by the Province of Punjab against a judgment of the Punjab Service Tribunal, which had set aside the removal of the respondent from his post as a PTC teacher. The respondent, appointed in 1993, was removed from service in 2000 following disciplinary proceedings initiated on allegations of misconduct and securing a bogus appointment. The Supreme Court of Pakistan examined whether the allegations of a fraudulent appointment were substantiated by credible evidence. The Court observed that the authenticity of the respondent's appointment documents had been confirmed by the Deputy District Education Officer in 1997. Furthermore, the petitioner failed to produce the alleged inquiry report before the Service Tribunal despite multiple directions, raising a presumption that no such inquiry was conducted. The Court held that a civil servant in service for several years cannot be removed on vague, sketchy, and unsubstantiated grounds. Finding no question of law of public importance, the Supreme Court dismissed the petition.
- Can a civil servant be removed from service on vague and unsubstantiated allegations of procuring a bogus appointment after serving for several years?
- What is the legal effect of a department's failure to produce an inquiry report before the Service Tribunal despite explicit directions?
- Does the mere non-mentioning of an appointee's name in a dispatch register invalidate an appointment that has been otherwise authenticated by departmental officers?
ORDER
' JAVED IQBAL, J.---This petition for leave to appeal is directed against the judgment dated 21-8- 2001 passed by the Punjab Service Tribunal, Lahore, whereby the appeal preferred on behalf of respondent has been accepted by setting aside the order dated 8-6-2000 whereby the respondent was removed from service.
2. Precisely stated the facts of the case are that Liaqat Ali (respondent) was appointed as PTC teacher on 3-5-1993 on the recommendation of Departmental Selection Committee and remained in service till 12-11-1999 when disciplinary proceedings were initiated against him on account of misconduct and appointment against rules which culminated into his removal from service vide order dated 8-6-2000. After exhausting departmental remedies the respondent approached learned Punjab Service Tribunal by means of appeal which has been accepted, hence this petition.
3. Mr. Muhammad Sharif Butt, learned Advocate Supreme Court entered appearance on behalf of Province of the Punjab and contended strenuously that the learned Service Tribunal has failed to appreciate that the respondent had procured his appointment by implying deceitful means and it was a bogus appointment for all practical purposes. It is also contended that the learned Service Tribunal has ignored the inquiry report furnished by the Deputy District Education Officer showing that the respondent succeeded in getting bogus appointment which aspect of the matter has not been taken into consideration which resulted in serious miscarriage of justice.
4. We have carefully examined the contentions as agitated on behalf of petitioner in the light of relevant provisions of law and record of the case. The judgment impugned has been perused carefully. After having gone through the entire record we are of the considered opinion that the charges levelled against the respondent could not be substantiated on the basis of worthy of credence documentary evidence. Insofar as the authenticity of documents on the basis whereof appointment was made had been confirmed by the Deputy District Education Officer by means of letter dated 5-3-1997. The learned Advocate Supreme Court on behalf of Government of the Punjab when confronted with the said position and asked how the appointment could be declared bogus in view of the authenticity of the documents, no plausible reasoning could be given. It is worth- mentioning that in spite of various directions the inquiry report could not be produced before the Service Tribunal and thus the presumption would be that no such inquiry was ever got conducted.
Non-mentioning of the name of respondent in the dispatch register would have no bearing whatsoever on the merits of the case. The respondent is admittedly in service since 1993 and cannot be removed from service on vague and sketchy grounds which remained unsubstantiated.
5. The conclusion arrived at by the learned Service Tribunal is strictly in accordance with law, settled norms of justice and being well-founded hardly warrants any interference. Besides that no question of law of public importance is involved in the matter, on the basis whereof leave could be granted. The petition being meritless is dismissed and . .
Cited by 2 cases
- Mst. RIFAT ZHORA Versus EXECUTIVE DISTRICT OFFICER (EDUCATION) DISTRICT SANGHAR 2006 PLC(CS) 402
- Mst. Rifat Zhora vs Executive District Officer (Education) District Sangar And Other (K.L.R. 2005 Labour & Services Cases 354)