2010 PLP (C (PLC(CS))

HAFIZ TARIQ NASIM, J.

This writ petition is filed against show-cause notices dated 19-2-2009 and 23-2-2009.

2. Learned counsel for the petitioners argued the case at length and submits with vehemence that the petitioners are being victimized with no fault of them, rather due to approaching this Court in earlier round of litigation. Further submits that the matter has already been resolved by this Court and confirmed by the apex Court in the case reported as Government of Punjab, through Secretary Education, Civil Secretariat, Lahore and others v. Sameeena Parveen and others 2009 SCMR 1, so the impugned show-cause notices which otherwise are nullity in the eyes of law be quashed.

3. On the other hand, learned Assistant Advocate General, assisted by DEO concerned, submits that the petitioners in league with the concerned Headmistress managed fake appointment letters and have tried to mislead this Court, however, they shall be afforded every opportunity to defend themselves before the competent authority through a proper inquiry.

4. Arguments heard. Record perused.

5. So far the impugned show-cause notices are concerned, suffice it to say that as the petitioner's appointment is under challenge on the ground of fake documents, it is held that in such like circumstances adopting a shorter procedure of show-cause notice instead of holding a regular inquiry is neither justified nor covered under law particularly when the petitioners are agitating vigorously that they are being victimized with no fault of them rather on extraneous consideration.

6. Even the EDO submits that the petitioners shall be afforded every fair opportunity to defend themselves if the department is allowed to proceed, so in the attending circumstances, the respondents are directed to issue charge-sheet/statement of allegations to the petitioners, get their implies, appoint an independent inquiry officer, afford a fair chance to produce their defence to the petitioners in addition to affording a fair opportunity to rebut evidence of the department and then the inquiry officer shall submit a report before the competent authority. If the petitioners are found guilty of the allegations, then they shall be served with a show-cause notice and after affording them an opportunity of personal hearing the final order be passed but strictly in accordance with law with particularity of keeping in view the judgment passed by the Supreme Court of Pakistan reported as Government of Punjab, through Secretary Education, Civil Secretariat, Lahore and others v. Sameena Parveen and others 2009 SCMR 1.

7. It is further clarified that on the basis of impugned show-cause notice, no further action be taken except in the way, as directed above. This writ petition is disposed of with the above observations. H.B.T./P-28/L Order accordingly.