Miss Yasmin Qamar vs Government of Punjab and others
The petitioner, a PTC teacher in Sheikhupura, challenged the cancellation of her appointment, which was terminated on the grounds that her appointment order was declared bogus following a verification process by the District Recruitment Committee. After her departmental representation was rejected, she appealed to the Punjab Service Tribunal, which dismissed her appeal, citing that her appointment was obtained through political influence. During the pendency of the appeal, the petitioner received a show-cause notice regarding the same allegations. Before the Supreme Court, the petitioner's counsel argued that an application filed under Section 151 of the Code of Civil Procedure 1908 before the Tribunal remained unaddressed. Consequently, the petitioner sought permission to withdraw the petition for leave to appeal to pursue departmental remedies. The Supreme Court disposed of the petition as withdrawn, granting the petitioner the liberty to approach the relevant departmental authority for the redress of her grievances in accordance with the law.
- Can a petitioner withdraw a petition for leave to appeal to pursue departmental remedies?
- Is a service tribunal required to pass orders on an application filed under Section 151 of the Code of Civil Procedure 1908?
- Section 151, Code of Civil Procedure 1908
ORDER
IRSHAD HASAN KHAN, J.--This petition for leave to appeal is directed against the judgment dated 14.7.1999, passed by the Punjab Service Tribunal, Lahore (hereinafter referred to as the Tribunal), in Appeal No. 1379/1998.
2. Brief facts are that the petitioner herein was holding the post of PTC teacher in the Government Girls. Primary School of Tehsil and District Sheikhupura. Her appointment was cancelled and she was discharged from the school on the ground that her appointment letter was bogus vide order bearing No. 277/E.I, dated 3.4.1998, passed by the Deputy District Education Officer, Tehsil Sheikhupura, inter alia, with the following observations: "As per verification made by the Deputy Commissioner/Chairman Distt. Recruitment Committee Sheikhupura, vide his office No. AEB/2113 dated 27.03.1998, the approvals proceedings made for appointment of PTC teachers issued during 199596 have been declared bogus except the following (18) candidates, therefore, all other appointments of PTC teachers made by this office during 1995-96 are hereby cancelled with immediate effect. All the DDOs' are requested that in exception of the following lady PTC teachers, if any teacher is working in your school/jurisdiction showing the appointment during the year 1995- 96 may be discharged from the school. considering bogus one under intimation to this office,. Moreover a certificate stating that no such teacher is working in your school may also be supplied this office, failing which the head of institution/DDOs will be held responsible for all the consequences."
3. Being aggrieved, the petitioner filed a departmental representation, which was rejected on 2nd July, 1998. Thereafter, the petitioner approached the Tribunal by means of an Appeal No. 1379/1998, which was also dismissed along-with other appointees vide order dated 14th July, 1999 on the ground that she obtained the appointment through political influence.
4. Learned counsel for the petitioner submits that during pendency of appeal before the Tribunal the petitioner received letter dated 4.2.1999, purported to be issued by District Education Officer (Women), Sheikhupura, directing her to appear on 17.2.1999 for personal hearing and to show cause as to why major penalty be not imposed on her, in view of the report of the Inquiry Committee, wherein it has been determined that the charges against the petitioner "Your Single Appointment orders declared as Bogus Doubtful one by the Tehsil Implementation Committee, has been proved."
5. Mr. Talat Farooq Sheikh, learned counsel for the petitioner submits that on receipt of the said letter he moved an application under section 151, CPC before the Tribunal but the same was put up on the file without passing any orders. In the circumstances, the learned counsel for the petitioner seeks permission to withdraw the petition and reserves the right of the petitioner to approach the departmental authority for redress of her grievance in accordance with law.
6. Resultantly, the petition is disposed of as withdrawn.