Syed JAVED IQBAL SHAH vs THE SECRETARY EDUCATION and others
The petitioner, a PTC teacher, challenged his removal from service, which followed disciplinary action based on allegations that his appointment was procured out of merit and against a non-existing vacancy. The Punjab Service Tribunal had previously upheld the termination. Before the Supreme Court, the petitioner argued that his appointment was made by the competent authority, was not politically motivated, and that his termination without a formal inquiry constituted a miscarriage of justice. The Supreme Court examined the record and found that the petitioner was at Serial No. 68 for 58 allocated vacancies, meaning no vacancy existed for him. The Court held that the appointment was secured through the connivance of departmental officials and was therefore illegal and void ab initio. The Court further ruled that because the illegality was apparent from the record, a formal inquiry was not required. Finding no question of law of public importance, the Supreme Court dismissed the petition as meritless, affirming the findings of the Service Tribunal.
- Can an appointment made against a non-existing vacancy be considered void ab initio?
- Is a formal disciplinary inquiry mandatory when the illegality of an appointment is apparent from the record?
- Does an appointment procured through the connivance of officials justify termination without a full inquiry?
ORDER
' JAVED IQBAL, J.---Pursuant to disciplinary action initiated against the petitioner who was appointed as PTC teacher for having procured his appointment out of merit, he was removed from service. After exhausting the departmental remedies, Punjab Service Tribunal was approached by way of appeal which has been rejected vide judgment impugned.
2. It is mainly contended by Ch. Tariq Javed, learned Advocate Supreme Court that the petitioner was appointed by the Competent Authority and therefore, it cannot be termed as political appointment which could not be substantiated by any oral or documentary evidence. It is contendea that the petitioner was having requisite qualifications for the PTC teacher who was appointed in accordance with law and his service could not have been terminated without having any inquiry which resulted in serious miscarriage of justice.
3. 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. There is no denying the fact that 58 vacancies allocated to Tehsil Nankana Sahib were filled in after having completion of all the necessary formalities. It is also an admitted feature of the case that the petitioner was at Serial No,68 who could not have been appointed due to non-availability of any vacancy. The petitioner succeeded in getting the appointment with the connivance and collusion of the concerned officer/official of the Education Department and as such his appointment was ab initio, illegal, and void. The appointment against a non-existing vacancy was so apparent on the basis of record that it hardly needed any inquiry which otherwise could be dispensed with if circumstances so justify. The illegality and out of merit appointment being question of fact has been determined correctly by the Department, findings whereof have been affirmed by the learned Service Tribunal. 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 .