2004 PLP (C (PLC(CS))
MUHAMMAD SAEED ANWAR Versus DISTRICT EDUCATION OFFICER (M), BAHAWALNAGAR and others
| Citation | 2004 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Javed Iqbal and Faqir Muhammad Khokhar, JJ |
| Parties | MUHAMMAD SAEED ANWAR Versus DISTRICT EDUCATION OFFICER (M), BAHAWALNAGAR and others |
| Primary Law | Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 |
Q1: What are the key laws and sections cited in 2004 PLP (C (PLC(CS))?
This judgment primarily cites: Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Javed Iqbal and Faqir Muhammad Khokhar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP (C (PLC(CS)) (MUHAMMAD SAEED ANWAR Versus DISTRICT EDUCATION OFFICER (M), BAHAWALNAGAR and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Bashir, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner.
- Aziz Ahmed Chughtai, Advocate Supreme Court and Muhammad Aslam for Respondents.
- Date of hearing: 17th January, 2003.
- 3. It is mainly contended by Mr. Muhammad Bashir, learned Advocate Supreme Court on behalf of petitioner that the services of petitioner were terminated as his PTC certificate, was found bogus but on the contrary it was mentioned in the show-cause notice that the CT certificate was not genuine meaning thereby that termination order was passed without diligent application of mind by the District Education Officer which resulted in serious miscarriage of justice. It is urged with vehemence that order of termination from service was passed on a concocted and fare report without proper verification. It is next contended that proper inquiry vas never conducted in order to determine the genuineness of the CT certificate.
- 4. Mr. Aziz Ahmed Chughtai, learned Advocate Supreme Court on Mal" of respondents has strenuously controverted the view-point as canvassed by Mr. Muhammad Bashir, learned Advocate Supreme Court for petitioner and submitted that both the certificates of petitioner i.e. PTC and CT were sent for verification of the Education Department which were found bogus after having verification by the Deputy Director (Admn.), Directorate of Education, Bahawalpur, and Assistant Director (Examination) Directorate of Education, Bahawalpur. It is also pointed out that all the necessary formalities as enumerated in the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, have been complied with and no injustice whatsoever has been done.
- 5. We have carefully examined the respective contentions as agitated on behalf of parties and perused the record made available carefully. It transpired from scrutiny of record that proper show-.cause notice was 'issued which was replied on 14-12-1998 by the petitioner wherein it was admitted that his PTC examination certificate was tampered with by someone else. The plea of the petitioner was not found tenable by the department. The Directorate of Education after having proper verification concluded that both the certificates i.e. PTC and CT were bogus and declared as such by the Assistant Director (Examination), Directorate of Education, Bahawalpur. We are not persuaded to agree with the learned Advocate Supreme Court on behalf of petitioner that proper inquiry was not conducted for the reasons that authenticity and genuineness of both the certificates was made and after having verification that same were bogus the question of any inquiry or further problems does not arise. As mentioned hereinabove all the mandatory formalities as envisaged under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, were complied with and no prejudice whatsoever has been caused to the petitioner.
Headnotes / Summary
(On appeal from the judgment dated 7-8-2001 of the Punjab Service Tribunal, Lahore, passed in Appeal No. 2675 of 1999).
Rr. 4 (1)(b), 6 & 7
Constitution of Pakistan (1973), Art. 212(3)-- Termination of service
Appointment as PTC teacher obtained on basis of bogus PTC and CT certificates
Service Tribunal dismissed appeal against such penalty
Record showed that civil servant had been issued proper show-cause notice, which he had replied while submitting his PTC certificate having been tampered with by someone else
Both certificates after proper verification had been found bogus-- In view of such verification, question of any inquiry or further probe would not arise
All mandatory formalities as envisaged under Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 had been complied with and no prejudice had been caused to civil servant-- Impugned judgment did not warrant interference
Supreme Court dismissed petition and refused leave to appeal.
Judgment & Decree
JAVED IQBAL, J.
This petition for leave to appeal is directed against judgment dated 7-8-2001 passed by learned Punjab Service Tribunal whereby the appeal preferred on behalf of petitioner has been dismissed and order dated 28-1-1999 concerning his termination from services passed by District Education Officer, Bahawalnagar, was kept intact.
2. Precisely stated 'the facts of the case are that petitioner was appointed as PTC teacher on 27-4-1988 and subsequently passed CT examination. The PTC certificate of the petitioner was found bogus as a result whereof disciplinary proceedings under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, were initiated against him. After completion of necessary formalities his services were terminated on 28-1-1999 by the 1pistrict Education Officer, Bahawalnagar. Being aggrieved an appeal was preferred before the Punjab Service Tribunal which has been dismissed, hence this petition.
3. It is mainly contended by Mr. Muhammad Bashir, learned Advocate Supreme Court on behalf of petitioner that the services of petitioner were terminated as his PTC certificate, was found bogus but on the contrary it was mentioned in the show-cause notice that the CT certificate was not genuine meaning thereby that termination order was passed without diligent application of mind by the District Education Officer which resulted in serious miscarriage of justice. It is urged with vehemence that order of termination from service was passed on a concocted and fare report without proper verification. It is next contended that proper inquiry vas never conducted in order to determine the genuineness of the CT certificate.
4. Mr. Aziz Ahmed Chughtai, learned Advocate Supreme Court on Mal" of respondents has strenuously controverted the view-point as canvassed by Mr. Muhammad Bashir, learned Advocate Supreme Court for petitioner and submitted that both the certificates of petitioner i.e. PTC and CT were sent for verification of the Education Department which were found bogus after having verification by the Deputy Director (Admn.), Directorate of Education, Bahawalpur, and Assistant Director (Examination) Directorate of Education, Bahawalpur. It is also pointed out that all the necessary formalities as enumerated in the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, have been complied with and no injustice whatsoever has been done.
5. We have carefully examined the respective contentions as agitated on behalf of parties and perused the record made available carefully. It transpired from scrutiny of record that proper show-.cause notice was 'issued which was replied on 14-12-1998 by the petitioner wherein it was admitted that his PTC examination certificate was tampered with by someone else. The plea of the petitioner was not found tenable by the department. The Directorate of Education after having proper verification concluded that both the certificates i.e. PTC and CT were bogus and declared as such by the Assistant Director (Examination), Directorate of Education, Bahawalpur. We are not persuaded to agree with the learned Advocate Supreme Court on behalf of petitioner that proper inquiry was not conducted for the reasons that authenticity and genuineness of both the certificates was made and after having verification that same were bogus the question of any inquiry or further problems does not arise. As mentioned hereinabove all the mandatory formalities as envisaged under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, were complied with and no prejudice whatsoever has been caused to the petitioner.
6. In view of foregoing discussion we are of the considered opinion that judgment impugned being unexceptionable admits no interference by this Court in exercise of its jurisdiction under Article 212 (3) of the Republic of Pakistan. The petition being devoid ad leave refused. S.A.K./M-809/SC Leave refused.