1995 PLP (C (PLC(CS))

SAAD SAOOD JAN; J.‑‑‑This is a petition for special leave to appeal from the judgment dated 22‑4‑1992 of the Punjab Service Tribunal, whereby the order of dismissal from service passed against the respondent was set aside and a direction was given to the competent authority to hold a fresh inquiry against him in accordance with law.

2. To begin with, the respondent, joined service under the Government of the Punjab as a Lecturer. By a Notification issued on 23‑5‑1979 he was confirmed in his appointment which was of a permanent nature. Subsequently, he took the Competitive Examination held by the Provincial Public Service Commission and on the basis of the result thereof he was appointed as Excise and Taxation Officer by an order dated 5‑4‑1982. The post against which he was appointed was of a temporary nature though likely to continue for an indefinite period. To join his new appointment he was relieved by the Education Department. The Notification issued by the Education Department in this regard stated: "His lien will be retained in the Education Department till he is confirmed at his new place of posting." There were allegations of misconduct against him when he was serving as Excise and Taxation Officer in Okara. Consequently, disciplinary proceedings were set afoot and by an order dated 14‑1‑1990 the Secretary in the Excise and Taxation Department dismissed him from service. He filed a review petition before the Governor but that did not elicit a favourable response. He then filed an appeal before the Punjab Service Tribunal. The learned Tribunal accepted the appeal with the following observations: "After having gone through the file of this case and on scrutiny of the record I find that the contention raised by the learned counsel for the appellant has weight because under the rules authority in respect of the appellant was the Secretary, Education and not the Secretary, Excise and Taxation as appellant's lien was never terminated by his parent Department i.e. Education Department, where he was working as confirmed Lecturer. Learned DA. could not rebut the plea raised by the learned counsel for the appellant." From the judgment of the learned Tribunal the Excise and Taxation Department seeks leave to appeal.

3. It is not disputed that the respondent holds a lien against a permanent post in the Education Department. His lien has not so far been terminated presumably because the respondent has not yet been confirmed against any permanent post in the Excise and Taxation Department even though he has successfully completed the period of his probation. The cadre in which he holds a lien is admittedly administered by the Education Department. In the circumstances, the learned Tribunal was not wrong in holding that the only authority competent to dismiss him from Government service was the Secretary in the Education Department though the proceedings could be initiated by the Excise and Taxation Department. This is not therefore a fit case for interference by this Court. Leave is refused. A.A./S‑890/S ????????????????????????????????????????????????????????????????????????? ??????????????????????? Leave refused