SHAMSHAD KAUSAR vs PROVINCE OF PUNJAB and others
This petition for leave to appeal challenged a judgment of the Punjab Service Tribunal, which upheld the termination of the petitioner's services as a PTC teacher. The petitioner's employment was terminated following disciplinary proceedings that established she had secured her appointment based on a forged and fake PTC result card. The core legal question was whether the Service Tribunal erred in relying on evidence regarding the forged documents and whether the termination was motivated by malice due to the petitioner's prior allegations of salary misappropriation against a departmental officer. The Supreme Court found that the Department of Secondary Education had conclusively proven the forgery, noting that the petitioner had failed four subjects and that her appointment letter had been interpolated to include her name. The Court held that the findings of fact regarding the forgery were based on sound evidence and could not be disturbed. Consequently, the Court dismissed the petition, ruling that no question of law of public importance was involved and that the allegations of malice were unsubstantiated afterthoughts.
- Can a finding of fact regarding forgery recorded by a department and affirmed by a Service Tribunal be reversed by the Supreme Court without justification?
- Does the procurement of employment based on a forged result card constitute valid grounds for termination of service?
- Is a claim of malice or ill will against a departmental officer sufficient to overturn a termination order when the underlying misconduct is proven by concrete evidence?
ORDER
' JAVED IQBAL, J.---This petition for leave to appeal is directed against the judgment, dated 29-8- 2001 passed by learned Punjab Service Tribunal, Lahore, whereby the appeal preferred on behalf of petitioner has been dismissed and order, dated 21-8-1993 passed by the Deputy District Education Officer (W), Tehsil Gujranwala whereby the services of petitioner were terminated has been kept intact.
2. Pursuant to disciplinary action initiated against the petitioner for procuring PTC teacher appointment on the basis of forged and fake PTC result card the services-of petitioner were terminated by means of order, dated 21-8-1993 passed by Deputy District Education Officer (W), Tehsil Gujranwala. The appeal preferred on behalf of petitioner has been dismissed vide judgment impugned.
3. Heard Mr. Mushtaq Ali Tahirkheli, learned Advocate Supreme Court on behalf of petitioner at length who mainly contended that the learned Service Tribunal has erred while relying on the photocopies of the answer-sheets which were produced in the Court after a lapse of more than seven years and their authenticity was not above board and moreso, the petitioner was not confronted with the same which resulted into serious miscarriage of justice. It is urged with vehemence that the petitioner alleged serious allegation of misappropriation of her salary against Deputy District Education Officer (W), Tehsil Gujranwala which was not taken into consideration by the learned Service Tribunal which resulted into grave prejudice against the petitioner. It is also pointed out that certain documents were found forged by the Assistant Commissioner after holding an inquiry and thus the authenticity of answer-sheets was not above board. It is also contended that reconstruction of documents which were burnt is not possible which aspect of the matter has been ignored by the learned Service Tribual without any rhyme and reason.
4. We have carefully examined the respective contentions as agitated on behalf of the petitioner in the light of record of the case. We have perused the judgment impugned carefully. The procurement of fake and forged PTC result card on the basis whereof appointment of PTC teacher was made has been proved to the hilt. The Registrar, Department Examination, Directorate of Secondary Education, Gujranwala Division, Gujranwala has made it abundant clear that the petitioner failed in four subjects i,e, Mathematic, Asool-e-Taalcem, Nazam-o-Nasq and Nashwo Nama. It is wroth-mentioning that the Registrar Examination also brought answer-sheets alongwith him and the authenticity whereof cannot be doubted which remained in safe custody. The letter of appointment of the petitioner also indicated that by interpolation her name was got inserted in a single appointment letter concerning Miss Shagufta daughter of Mr. Rehmat Ali. We are not persuaded to agree that the petitioner was ousted from service due to animosity, malice or ill will of the Assistant Education Officer against whom a complaint of embezzlement of the salaries of the petitioner was made as it appears to be an afterthought and could not be substantiated by any evidence worth the name.
5. The conclusion as arrived at by learned Punjab Service Tribunal, Lahore, being well-based does not warrant any interference. Besides that the factum of forgery being question of fact has been determined on the basis of sound and concrete evidence and finding of fact recorded by the department and affirmed by the learned Service Tribunal cannot be reversed without any justification which is not available in this case. No question of law of public importance is involved in the matter on the basis whereof leave to appeal could be granted and accordingly the petition being devoid of merit is dismissed and .