GHULAM NABI vs COMMISSIONER, LAHORE DIVISION and others
This petition for leave to appeal arises from the dismissal of the petitioner's service appeal by the Punjab Service Tribunal. The petitioner, a temporary junior clerk in the office of the Assistant Commissioner Sheikhupura, was reverted as an unemployed clerk following an inquiry into irregularities regarding arm licences. Although appellate authorities previously directed that a proper inquiry be held, the record examined by the Service Tribunal revealed that a regular inquiry had indeed been conducted by the A.D.C. (G), resulting in a detailed report holding the petitioner responsible for forgery. The core legal question was whether the petitioner was removed from service without an inquiry and in defiance of appellate directions. The Supreme Court held that the petitioner's contention was factually baseless since a proper inquiry had in fact been conducted and completed. The petition was accordingly dismissed, affirming that the removal was valid upon the findings of the inquiry report.
- Whether a civil servant can challenge a departmental reversion when a regular inquiry has duly established charges of forgery against him?
- Does the failure of appellate authorities to be apprised of a completed inquiry invalidate the disciplinary action taken on the basis of that inquiry?
ORDER
1. ' SAAD SAOOD JAN, J.--The petitioner was serving as a junior clerk in the office of the Assistant Commissioner, (Saddar) Sub-Division, Sheikhupura on temporary basis. He was posted in a branch dealing with arm licences. A number of irregularities were detected and an inquiry was held by the General Assistant to the Deputy Commissioner. On the report of the inquiry officer, the Deputy Commissioner reverted him as unemployed clerk on the ground that his retention in service was undesirable. He filed an appeal before the Commissioner. His appeal was accepted with a direction that a proper inquiry after charge-sheeting him should be held. Apparently, he was not reinstated in service. He filed an appeal before the Service Tribunal but without any success. He now seeks leave to appeal from this Court.
2. The case of the petitioner is that despite the directions of the Commissioner given on three occasions no proper inquiry was held against him and as such his removal from service was illegal.
2. This plea was also raised before the Provincial Service Tribunal. The learned Tribunal called for the record and found: "It is on record that an enquiry was conducted by the A.D.C. (G) in pursuance of the Commissioner's orders and a final report to this effect was submitted on 14-2-1976. It seems that somehow or the other, this fact remained out of picture whenever the appellant lodged his complaint in this respect before the two Commissioners. As the Commissioners were not apprised of the fact that a regular enquiry had been conducted against him, they made observations in their own orders quoted in the earlier part of this judgment. Finally, when the Commissioner, Lahore Division, was informed that the orders of his predecessor as well as his own have been fully complied with, he dismissed the appeal of the appellant in limine, on 28-6-1980. This enquiry was conducted by Ch. Abdul Latif Khan who vide his detailed report held the appellant fully responsible for the act of forgery and at the same time, exonerated Nazir Ahmad and Ghulam Haider of the same."
3. In view of this position the contention of the petitioner that he had been removed from service without any inquiry and in defiance of the order of the Commissioner, is without any foundation.
4. The petition is accordingly dismissed.