2003 PLP 1674 (SCMR)

JAVED IQBAL, J.

The above captioned petitions for leave to appeal are directed against the judgment dated 28-6-2001 passed by the learned Punjab Service Tribunal, Lahore, whereby the appeals preferred on behalf of respondents have been accepted We intend to dispose of the said petitions by this common order as identical questions of law and facts are involved in all these petitions.

2. Precisely stated the facts of the case as enumerated in the impugned judgment are to the effect that on 31-12-1997 the Secretary Education respondent No. 1 in his capacity as Authority initiated joint disciplinary proceedings against the following seven officials of Education Department which included the three appellants of the present appeals:-- (1) Mrs. Ruqqia Zaheer; Ex-Deputy D.E.O.(W-EE), Tehsil Narowal. (2) Mrs. Zahida Parveen, Ex-A.E.O.(W), Markaz Rayya Khas. (3) Mst. Parveen Syeda, Ex-A.E.O.(W), Markaz Rayya Khas. (4) Mst. Attia Minhas, A.E.O.(W), Rayya Khas. (5) Mr. Sabir Hussain, Jr. Clerk o/o the Deputy D.E.O.(W), Narowal. (6) Mr. Irshad Ahmed, Jr. Clerk o/o Deputy D.E.O.(W), Narowal. (7) Mr. Muhammad Azam, Clerk o/o Deputy D.E.O.(W), Narowal. He also appointed Director Public Instruction (EE) as Authorised Officer who charge-sheeted the three appellants aforesaid on the following allegations:-- "(1) You have been involved in fulfilling the ill-motives or Mrs. Ruqqia Zaheer, Ex-Deputy Director Education Officer (W)(EE), Narowal. (2) You allowed to join the illegal appointees and help to pay the salaries to the fake teachers. (3) You have been instigating the bogus people getting their appointment orders from the officer." The statement of allegations disclosed that, Mst. Ruqqia Zaheer, Deputy District Education Officer (W) was the main accused who had appointed 11 ladies as teachers at the time when there was ban and all these appointments were made without the approval of Departmental Recruitment Committee. All the three appellants denied the charges. Principal, Government Higher Secondary School, Sarai Alamgir was appointed as Enquiry Officer who held the enquiry and submitted the report. In his report the Enquiry Officer exonerated the appellants from the first charge but held them guilty of the remaining two charges. He however conceded that nobody was willing to depose against the clerks. The only evidence against them was the statement of their co-accused Deputy District Education Officer (W) who had also not named any of the accused but had merely made a generalized statement that the Assistant Education Officer (W) and all the clerks were involved in the matter. The Authorised Officer afforded an opportunity for personal hearing to the appellants and recommended major penalty against all the three appellants. Secretary Education thereafter passed the impugned order whereby all the three appellants were removed from service. The appellants filed departmental appeals before the Chief Secretary respondent No.2 which he rejected. Being aggrieved the Punjab Service Tribunal was moved by way of appeals which have been accepted and the respondents were reinstated in service, hence these petitions.

2. Miss Salma Malik, learned Assistant Advocate-General, Punjab who appeared for petitioner contended emphatically that the respondents had facilitated the fake and vague appointments of various persons and without their active connivance such fraud could not have been committed. The learned Assistant Advocate-General, however, could not substantiate her prime contention by referring any worthy of credence evidence on the basis whereof the alleged facilitation/connivance could be established. The Inquiry Officer had concluded that no evidence against the respondents could be collected except the statement of Mst. Ruqqia Zaheer, ex-Deputy District Education Officer (W-EE), Tehsil Narowal to the effect that "the Assistant Education Officer (W) and all clerks were involved in the matter". Her statement has absolutely no legal value being co-accused and moreso, it hardly renders any assistance to the case of petitioner. The allegation levelled against the respondents are vague, sketchy, ambiguous and without any evidence. There is no denying the fact that the respondents had absolutely no say being little fry in the Education Department as the appointments were made by Mst. Ruqqia Zaheer, ex-Deputy District Education Officer (W-EE), Tehsil Narowal who has been awarded minor penalty in reduction in pay in spite of the fact that pivotal role was played by her. In the prevalent circumstances how the petty clerks (respondents) could have been removed from service that too without any evidence. There is not an iota of evidence to show that how the respondents had facilitated the bogus appointments and who was the beneficiary? The respondents were removed from service in an arbitrary and whimsical manner which is a classic example of abuse and misuse of authority. The conclusion arrived at by the learned Punjab Service Tribunal is strictly in accordance of law, settled norms of justice and being well based hardly warrants any interference. Besides that the learned Assistant Advocate-General, Punjab was unable to raise any substantial question of law of public importance which was sine qua non for grant of leave to appeal under Article 212(3) of the Constitution of Islamic Republic of Pakistan. The petitions being merit less are dismissed and leave refused. H.B.T./C-78/S Leave to appeal refused.