PROVINCE OF PUNJAB and others vs Raja MUHAMMAD SALEEM
This civil appeal challenged a High Court judgment that had quashed disciplinary proceedings initiated against a Naib Tehsildar. The respondent had been charged with misconduct for allegedly obtaining employment through a forged intermediate certificate. The High Court had previously held that the disciplinary proceedings were without jurisdiction because the alleged misconduct occurred prior to the respondent's entry into service. Upon review, the Supreme Court of Pakistan set aside the High Court's decision. The Supreme Court held that obtaining employment through a forged educational certificate and maintaining that position constitutes a perpetual fraud. Consequently, such an act renders the employee amenable to disciplinary action under the relevant service rules. The Court clarified that the department retains the authority to proceed with disciplinary measures against the respondent in accordance with the law, notwithstanding the High Court's earlier findings. The appeal was allowed, and the disciplinary process was permitted to continue.
- Can an employee be subjected to disciplinary proceedings for misconduct committed prior to joining service if the misconduct involves the fraudulent procurement of employment?
- Does the use of a forged educational certificate to obtain employment constitute a perpetual fraud amenable to disciplinary action?
- Is the initiation of disciplinary proceedings under the Efficiency and Disciplinary Rules, 1973, lawful when the underlying misconduct relates to the initial appointment?
- Efficiency and Disciplinary Rules, 1973
' SH. RIAZ AHMED, C.J.--- This appeal through leave of this Court is directed against the judgment and order, dated 16-5-1996 whereby writ petition filed by the petitioner assailing the initiation of disciplinary proceedings against him was accepted and the charge-sheet issued against him was quashed.
2. The facts in brief giving rise to this appeal are that the respondent joined the service in capacity of the Naib Tehsildar and during performance of his duty it was complained that he had obtained service fraudulently on the basis of a forged intermediate certificate. The matter was probed into, consequently a criminal case was registered against the respondent and the proceedings under the Efficiency and Disciplinary Rules, 1973 were initiated and the Additional Deputy Commissioner (General) was appointed as an authorized officer who issued the charge-sheet which reads as follows:--- "That you Raja Saleem, Naib Tehsildar had obtained employment on the basis of forged educational certificates amounting to grave misconduct".
3. The respondent challenged the aforesaid action by invoking the Constitutional jurisdiction of the High Court and the writ petition was allowed and it was held that the proceedings initiated against the petitioner under the Efficiency and Disciplinary Rules, 1973 are without lawful authority and jurisdiction inasmuch as the respondent if at all had committed any misconduct it was before joining the service and therefore, the Tribunal had no jurisdiction and the High Court could have interfered and declared the issuance of charge-sheet as without lawful authority.
4. We have heard the learned counsel for the respondent at length and have also gone through the record. In our opinion the view of the matter taken by the High Court is erroneous. The respondent joined the service by relying upon a forged intermediate certificate and remaining in service on the basis thereof, prima facie, is perpetual fraud and thus A he was amenable to the disciplinary action under the Efficiency and Disciplinary Rules. However, we would not further comment upon the merits of the case. The department is at liberty to proceed against the respondent in accordance with law uninfluenced by the observations made by us. This appeal is allowed leaving the parties to bear their own costs.
Cited by 1 case
- Muhammad Mateen Khan vs Federation of Pakistan and others 2020 PLC (C.S.) 1, 2018 SHC 580