Mrs. RAZIA BHUTTA vs DEPUTY DIRECTOR, SOCIAL WELFARE, MULTAN and others
The petitioner, employed as an auxiliary worker in the Social Welfare Directorate, was dismissed from service after being found to have misstated her age and produced a forged birth certificate at the time of joining. Her departmental appeal and subsequent appeal before the Punjab Service Tribunal were both dismissed. The petitioner then sought leave to appeal before the Supreme Court of Pakistan. The core legal question was whether the concurrent finding of fact regarding misrepresentation in obtaining employment was sustainable and justified dismissal. The Supreme Court held that the Service Tribunal's finding of fact regarding the misstatement of age suffered from no infirmity, and once employment was established to have been obtained through misrepresentation, the Directorate was fully justified in terminating the service. The petition was accordingly dismissed. The key principle laid down is that employment obtained through misrepresentation or fraud can be lawfully terminated by the employer upon establishing the finding of fact regarding such misstatement.
- Whether employment obtained through misrepresentation of age and a forged certificate can be lawfully terminated?
- Does a finding of fact by the Service Tribunal regarding misstatement of age warrant interference when it suffers from no infirmity?
ORDER
1. ' SAAD SAOOD JAN, J.---The petitioner was employed as an Auxiliary worker in the Social Welfare Directorate. The Directorate found that at the time of joining service she had misstated her age and had produced a forged certificate in respect of her date of birth. It served a show-cause notice upon her and after giving her an opportunity to explain her position, dismissed her from service.
2. She filed an appeal before the Deputy Director but it was dismissed. She then filed an appeal before the Punjab Service Tribunal. This too failed. She now seeks leave to appeal from this Court.
3. ' After examining the record the Service Tribunal had found that at the time of seeking employment in the Directorate the petitioner had made a misstatement about her age. This is a finding of fact.
4. The learned counsel appearing on her behalf has not been able to pursuade us that this finding suffers from any infirmity. Once it is established that she had obtained the employment through misrepresentation it was open to the Directorate to terminate it. This petition is without any merit and is hereby dismissed.