2006 PLP 740 (SCMR)
PROVINCE OF PUNJAB and others — Appellants Versus Raja MUHAMMAD SALEEM — Respondent
| Citation | 2006 PLP 740 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sh. Riaz Ahmed, C.J., Mian Muhammad Ajmal and Muhammad Nawaz Abbasi, JJ |
| Parties | PROVINCE OF PUNJAB and others — Appellants Versus Raja MUHAMMAD SALEEM — Respondent |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2006 PLP 740 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 740 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sh. Riaz Ahmed, C.J., Mian Muhammad Ajmal and Muhammad Nawaz Abbasi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 740 (SCMR) (PROVINCE OF PUNJAB and others — Appellants Versus Raja MUHAMMAD SALEEM — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Sajjad Hussain Shah, Assistant Advocate-General, Punjab with Rao Muhammad Yusuf Khan, Advocate-on-Record for Appellants.
- Muhammad Munir Peracha, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record for Respondent.
- Date of hearing: 22nd May, 2003.
Headnotes / Summary
(On appeal from the judgment, dated 16-5-1996 passed by the Lahore High Court, Rawalpindi Bench, Rawalpindi in Writ Petition No.126 of 1994).
Arts. 199 & 212
Constitutional jurisdiction of High Court, exercise of--Service matter
Quashing of proceedings initiated under Government Servants (Efficiency and Discipline) Rules, 1973
Respondent-employee obtained the service fraudulently on the basis of forged educational certificate
On coming to know, the authorities initiated the proceedings against the respondent but High Court in exercise of Constitutional jurisdiction quashed the proceedings
Employee joined the service by relying upon a forged certificate and remaining in service on the basis thereof
Employee, prima fade, was guilty of perpetual fraud and thus he was amenable to disciplinary action under Government Servants (Efficiency and Discipline) Rules, 1973
Judgment passed by High Court was set aside observing that the authorities might proceed against the employee in accordance with law
Appeal was allowed.
Judgment & Decree
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 fade, is perpetual fraud and thus 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. M.H./P-104/SC?????????????????????????????????????????????????????????????????????????????????? Appeal allowed.