2008 PLP (C (PLC(CS))

FALAK SHER, J.

The respondent having been subjected to disciplinary proceedings for wilful absence from duty while posted as Subject Specialist at Government Higher Secondary School, Kot Momin, Sargodha was awarded penalties of loss of seniority and stoppage of annual increments for three years, however, on appeal before the Punjab Service Tribunal, vide impugned judgment dated 16-11-2001, the orders passed by the Departmental Authorities were set aside against which leave to appeal is being sought. On being questioned, the respondent stated that he having raised House No.220, Sikandaria Colony, Bund Road, Lahore, got an appointment in Government Middle High School, Pandoki in the year 1981. Whereafter, he secured another job in Government High School, Bhaseen. He was removed in the year 1981 subsequent whereof he joined a Government school at Burki wherefrom he resigned in the year 1982. .He joined Government Middle School, Lakhoki from where he was transferred to Government Pilot High School, Wandat Road, Lahore then to Sacred Heart School, Lahore in 1986 where he stayed till the year 1992 when he was posted to Pakistan Model High School, Rehman Pura, Lahore and consequent upon having improved his qualification he was appointed afresh as Subject Specialist in Government High School, Kot Momin, Sargodha in January, 1994. Eventually, he was subjected to disciplinary proceedings. The defence of the respondent was that proceedings against him were mala fide and on coming to know that the leave applied for had not been sanctioned, he has been going to attend the school but was not allowed to mark his presence.

2. Learned counsel for the petitioners contends that the controversy required :resolution of a disputed question of fact which could have not been determined by the Tribunal in the absence of any evidence because it was a case in which summary proceedings of show-cause notice were resorted to and, therefore, if at all the Tribunal was not satisfied with the orders passed by the Departmental Authorities, it was an appropriate case for remand to the Authority for a detailed inquiry.

3. After having heard the learned counsel for the petitioners and having perused the history of the career of the respondent, we are of the view that wilful absence of the respondent, from duty warranted a proper detailed inquiry, instead, the learned Tribunal accepted the ipsi dixit of the respondent which was in the nature of a self-serving statement. On this juncture, the respondent stated that he has no objection if the matter is properly inquired through a regular inquiry.

4. Consequently, this petition is converted into appeal, is allowed, the impugned judgment of the learned Tribunal and the orders passed by the Departmental Authorities are set aside and the case is remanded to the competent departmental authority for proceeding afresh against the respondent in accordance with law by holding a regular inquiry. No order as to costs. H.B.T./S-3/SC Order Accordingly.