2012 PLP (C (PLC(CS))

JAWWAD S. KHAWAJA, J.

The petitioners impugn the judgment of the Service Tribunal dated 11-9-2009 whereby an appeal filed by Muhammad Akram respondent was allowed. As a consequence, the departmental orders dated 20-3-2006 and 12-10-2006 were set aside and the respondent was reinstated in service.

2. The facts of this case are straightforward. The respondent had claimed employment in the Education Department on the basis of a fake appointment letter issued by Muhammad Hussain Goraya, District Education Officer (M-EE). The said Muhammad Hussain Goraya was compulsory retired from service for issuing numerous bogus letters of appointment. We are not in doubt that the departmental finding that the respondent's appointment letter was bogus, is well founded.

3. The Chairman, Board of Intermediate and Secondary Education, Bahawalpur wrote the following letter dated 29-1-1997 to the Secretary of the Provincial Education Department:

"My Dear Tasneem Norrani Sb. Asalam-o-Alaikum. I hope that your goodself must be in high spirit and enjoying good health. In accordance with the instructions given by your goodself. I visited District Bahawalpur on 26-1-1997 at about 1230 hours to check the record and displayed merit lists of all categories of the applicants/candidates. At the spot, the merit lists were not displayed. The officer concerned Mr. Muhammad Hussain Goraya was absent from the office and also took away the record of Deputy District Education Officer (E.E.) with him. A special messenger was deputed to fetch him to the officer. The gentleman never bothered to show himself till 1430 hours and even uptill now on 28-1-1997 at 1500 hours, though he was directed to attend the office of the undersigned on 27-1-1997 at 0900 hours. It is also added that there was a huge angry crowd in Bahawalnagar who engulfed all the three Directors, who accompanied me and the undersigned against the stubborn attitude and mysterious way of preparing the lists. The above situation has created not only problems of administrative nature but rather unrest among the whole district. If this officer is not put to task political, administrative and law and order repercussions may follow. It would be befitting to suspend him forthwith and quash his lists/results. An early action is requested to rectify the situation."

4. The Service Tribunal has not dealt with the factual determination that the letter of appointment issued to the respondent was not genuine. The reason which prevailed with the Service Tribunal is that the order passed against the respondent was on a cyclostyled form. This could not have sufficed for the purpose of allowing the respondent's appeal and his reinstatement in service. It is worth noting that numerous letters had been issued by Muhammad Hussain Goraya which were bogus. In the circumstances it was quite appropriate to deal with such bogus letters through a standard order.

5. The Service Tribunal has also observed "that a person in possession of order of appointment issued by a competent Recruitment Committee cannot be thrown out of service on fanciful grounds". We are afraid there is no valid basis to be found on record for this observation. Learned counsel for the respondent was asked to state if there was any record at all or minutes of a competent recruitment committee to justify the aforesaid observation of the Tribunal. He was unable to advert to such record or minutes. The Service Tribunal also has not found that the recruitment of the respondent had been made by a competent recruitment committee.

6. Learned counsel for the respondent then made reference to an earlier inquiry and litigation. Such inquiry has no relevance because the factual determination had finally been made that the respondent's appointment letter was not genuine.

7. In view of the foregoing discussion, this petition is converted into appeal and is allowed. As a result, the impugned order dated 11-9-2009 passed by the Punjab Service Tribunal in Appeal No. 3226 of 2006, is set aside. S.A.K./E-4/SC Appeal accepted.