2003 PLP (C (PLC(CS))

Date of hearing :14th November, 2002. The brief facts out of which the present petition arises are that the respondents transferred the petitioner from District Sheikhupura to District Faisalabad. The petitioner being aggrieved tiled an Appeal No.2333 of 2001 before the Punjab Service Tribunal, Lahore, which was disposed of by the Punjab Service Tribunal, Lahore, vide order dated 5-4-2002 with the following observations:-- "I may also observe that since the appellant has been transferred from an administrative post of Assistant Education Officer (W) and asked to work as S.S.T., it would be in the fitness of thing if the Director Public Instructions (EE) Punjab, Lahore, may consider the case of the appellant within two months from today to transfer the appellant to some nearby institution in Sheikhpura District as S. S. T." The respondent did not honour the direction of the Punjab Service Tribunal, Lahore, the petitioner being aggrieved filed a Writ Petition No.7228 of 2002 which was disposed of by this Court vide order dated 29-4-2002 with a direction to the Director Public Instructions to consider the case of the petitioner within two months from today. The Director Public Instructions sent the case of, the petitioner to the Executive District Officer Education, Sheikhupura vide order dated 6-4-2002 alongwith the copy of the judgment of the Punjab Service Tribunal, Lahore. The petitioner also submitted an application before respondent on 3-5-2002. The respondent did not adjust the petitioner and forwarded the case of the petitioner to the District Coordination Officer, who vide order dated 14-6-2002 sent the case back to the Director Public Instructions, Lahore, which reveals that D.C.O. is regretted to inform that the District Government as a policy, cannot adjust the petitioner in District Sheikhupura.

2. The representative of the respondent did not know that the Director Public Instructions has referred the case to the Secretary Education to seek clarification or not. He further submits that petitioner joined the 91-GB Government Girls High School, Faisalabad, and, thereafter did not attend the Office without obtaining any leave from the Competent Authority. He further submits that appeal of the petitioner was dismissed by the Punjab Service Tribunal, Lahore, and had only given direction to the Director Public Instructions to consider the case of the petitioner to adjust the petitioner in District Sheikhupura.

3. The learned counsel for the petitioner in rebuttal submits that the aforesaid order was suspended by the Punjab service tribunal Lahore wide order dated 28-1-2002. He further submits that this court in writ petition No.1516 of 2002 directed to initiate inquiry against the present respondent The Competent Authority did not finalize the inquiry against the respondent. The respondent mala fide did not implement the order of the Punjab Service Tribunal, Lahore, simply to save his skin from the Inquiry if any initiated against him by the Competent Authority under the order of this Court dated 4-2-2002 passed in writ Petition No. 1516 of 2002. He further submits that action of the respondent is not in accordance with the law. The respondent is duty bound to obey the direction of the Punjab Service Tribunal, Lahore.

4. I have given my anxious consideration to the contentions of the learned counsel of the parties and perused the record.

5. It is admitted fact that appeal of the petitioner was dismissed by the Punjab Service Tribunal, Lahore, vide judgment dated 5-4-2002 with the direction to the Director Public Instructions, Lahore. may consider to adjust the petitioner in District Sheikhupura. It is admitted fact that the Director Public Instructions did not pass any order till date except he forwarded the judgment of the Punjab Service Tribunal, Lahore, to the respondent. The respondent instead of passing any order placed the. case of the petitioner before the D.C.O. concerned, who referred the case back to the Director Public Instructions to show his regret to adjust the petitioner in District Sheikhupura. Both the parties did not bring on record any order of the Director Public Instructions on record. It is also admitted fact that the Writ Petition No. 1516 of 2002 was filed in which the Competent Authority was directed to initiate inquiry against the present respondent with regard to embezzlement. The learned Additional Advocate-General did not bring on record any final order passed by the Competent Authority against the respondent. It is the duty and obligation of the Public functionaries to obey the direction of the Punjab Service Tribunal, Lahore. It appears that the Director Public Instructions did not pass any order till date. In this view of the matter, let a copy of the petition alongwith the report and parawise comments and rejoinder be sent to the Secretary Education, who is directed to look into the matter personally and pass an appropriate order strictly in accordance with law after providing proper hearing to all the concerned including the petitioner and respondent preferably within one month after receiving the order of this Court in the light of the judgment of the Punjab Service Tribunal, Lahore, either himself or send the same to the Competent Authority who is also directed to pass an appropriate order strictly in accordance with law in terms of the judgment of the Punjab Service Tribunal, Lahore, preferably within one month. He is further directed to submit his report to the Deputy Registrar (Judicial) of this Court within the stipulated period.

6. Office is directed to send copy of this order alongwith contempt petition and report and parawise comments to the Secretary of the Education, Lahore and to the Chief Secretary of the Province, who are directed to look into the matter what is happening in their departments that the public functionaries did not obey the orders of the Court and interpret the same while sitting in the office which is in derogation of the mandate of the Constitution as is envisaged by Article 201 of the Constitution. They are directed to issue instructions to the public functionaries to obey the directions of the Courts or to agitate the matter before the higher forums i.e. to file Infra-Court Appeal, or to agitate the matter before the Honourable Supreme Court of Pakistan. The Secretary Education is directed to constitute a Committee to probe into the matter. In case the Committee finds any of the officer/official is responsible intentionally failed to implement the direction of this Court as well as of the Punjab Service Tribunal, Lahore, then he is directed to initiate proceedings against that officer/official under the Efficiency and Discipline Rules. He is directed to do this exercise preferably within three months. He is also directed to submit his report to the Deputy Registrar (Judicial) of this Court within the stipulated period. With these observations this petition is disposed of. H.B.T./Z-155/L Orders accordingly.