Mst. SAMINA NAZEER Versus DISTRICT EDUCATION OFFICER (W)
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 civil servant. The petitioner's services were terminated following disciplinary action regarding allegations of an unsigned joining report, a doubtful relinquishment report, and a fake transfer order. The core legal question was whether the termination of services was unlawful due to the absence of a regular departmental inquiry into the allegations. The Supreme Court held that the Service Tribunal correctly determined that the petitioner's name was not on the merit list and that the appointment and joining documents were fabricated. The Court affirmed that a regular inquiry is not mandatory in every instance, as the Competent Authority possesses the discretion to dispense with such an inquiry under the relevant rules when allegations are substantiated by documentary evidence. Consequently, the Court found no question of law of public importance warranting interference, dismissed the petition, and refused leave to appeal.
- Can the Competent Authority dispense with a regular inquiry under the Punjab Civil Servants (Efficiency and Discipline) Rules 1975?
- Is a regular inquiry mandatory to terminate a civil servant's services when allegations are proven by documentary evidence?
- Rule 6, Punjab Civil Servants (Efficiency and Discipline) Rules 1975
ORDER
JAVED IQBAL, J. ‑‑‑This petition for leave to appeal is directed against the judgment dated 18‑10‑2001 passed by learned Punjab Service Tribunal, Lahore, whereby the appeal preferred on behalf of petitioner has been dismissed and order dated 12‑5‑1999 whereby her services were terminated has been kept intact.
2. Precisely stated the facts of the case are that pursuant to disciplinary action initiated against the petitioner on account of unsigned first joining report, doubtful relinquished report and fake transfer order, her services were terminated on 12‑5‑1999. After exhausting the departmental remedies the petitioner approached the Punjab Service Tribunal and preferred an appeal which has been dismissed vide judgment impugned.
3. Heard Ch. M.S. Shahid, learned Advocate Supreme Court on behalf of petitioner who mainly contended that no punishment could have been awarded without holding regular inquiry to prove the allegations of bogus appointment letter, fake transfer order and fake joining report. It is also urged with vehemence that all the charges levelled against the petitioner were not only vague and ambiguous but remained unsubstantiated.
4. We have carefully examined the contentions as agitated on behalf of petitioner. The judgment impugned has been perused and record examined. The learned Service Tribunal after having gone through the entire record has concluded with cogent reasoning petitioner's name was not included in the merit list of order and joining report were also fake and fabricated fraud and forgery being question of fact has been determined ~by the department on the basis of relevant record, affirmed by the learners Service Tribunal after having gone through the entire record, hardly warrants any interference. We are not persuaded to agree with the learned Advocate Supreme Court on behalf of petitioner that in absence of regular inquiry the services of petitioner could not have been terminated for the reason that the Competent Authority can dispense withholding of such inquiry under rule 6 of the Punjab Civil Servants (Efficiency and Discipline ) Rules, 1975. The allegations levelled against the petitioner have been proved on the basis of documentary evidence and therefore, any regular inquiry was not necessary.
5. The conclusion as arrived at by the learned Service Tribunal being well abased does not warrant 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 devoid of merit is dismissed and leave refused.
S.A.K./S‑327/SC Leave refused.