2007 PLP (C (PLC(CS))

JUSTICE (RETD.) RUSTAM ALI MALIK (CHAIRMAN).

As per contents of memorandum of appeal, the appellant was appointed as S.V. Teacher in Government Girls Elementary School, Kullah Mandiala by respondent No.1 on the recommendations of the concerned Selection Authority vide his order, dated 21-3-1996 and she joined service as such on 22-3-1996. Thereafter she was transferred to Government Girls Elementary School, Malook Pur by respondent No.1 vide his order, dated 7-9-1998. During her service she also passed one year's vocational Teachers Training Diploma from the Punjab Board of Technical Education, Lahore. In the memorandum of appeal, it has also been averred that on the basis of some false and frivolous complaint, Mst. Tabassum Sahar, the Senior Headmistress, Government Muslim Girls High School, Narowal was appointed as Enquiry Officer by respondent No.1 and who after conducting an inquiry in a slipshod manner submitted the inquiry report, which was based on flimsy allegations. On the basis of the said inquiry report, respondent No.2 issued a notice for, personal hearing under section 3(2) of the Punjab Removal from Service (Special Powers) Ordinance, 2000 vide order, dated 26-3-2005 and she submitted her reply on 1-4-2005. However, respondent No.2 removed her from service vide his order, dated 18-5-2005 which was communicated to her in her school on 2-6-2005 while she was performing her duty. Feeling aggrieved of the said order, dated 18-5-2005, she preferred a representation/departmental appeal dated 3-6-2005 before respondent No.3 but the same was rejected by him vide his order, dated 7-10-2005. Hence she has filed the instant appeal.

2. It appears from record that on 26-3-2005, a show-cause notice was issued to the appellant by the District Education Officer (SE/EE), Narowal and according to which the allegations against her were to the following effect: (i) The required qualification for the post of S.V.T. as indicated in Miss Page 1148-1149 the relevant advertisement was B.A., B.Ed. whereas she was simply Matriculate. (ii) Her name appeared no where in merit list. (iii) Hrr appointment order No.5679 dated 21-3-1996 and subsequent transfer order No.3159 of 19-6-1999 were found to be bogus with fictitious despatch numbers. (iv) The relevant record does not confirm her first joining/presence at anytime in her original place of posting mentioned in the so-called appointment orders, showing thereby that she had entered Government service through fraudulent means.

3. The aforesaid allegations were based on the findings of the Inquiry Officer who had conducted the factual probe i.e. Mst. Tabassum Sahar, Senior Headmistress, Government Muslim Girls High School, Narowal. The appellant had filed a detailed reply to the said notice and took the plea that she was not only a Matriculate but also possessed two years post Matric Diploma with a Post-Matric Teacher Certificate duly introduced by Government of the Punjab and certificate of Arbi Fazil issued by the recognized Dini Madrassa.

4. The respondents in their parawise comments have taken the plea that the requisite qualification for the post of Elementary School Teacher was B.A., B.Ed. whereas the appellant was only a Matriculate and hence the District Recruitment Committee, Narowal could not recommend her for the said appointment. The appointment letter of the appellant was self-made and bogus and even her transfer order, dated 7-9-1998 was found to be bogus. They have contended that she does not possess the requisite qualification at all and a fact finding inquiry was conducted on this issue before passing the order, dated 18-5-2005 and it had been found that her appointment orders as well as the transfer orders were bogus/self-made and fake signatures of .the authority had been put thereon.

5. I have carefully considered the arguments advanced from both sides.

6. There may have been some legal flaw in the proceedings initiated by the competent authority against the appellant under the provisions of Punjab Removal from Service (Special Powers) Ordinance, 2000, yet as it had been found that not only her transfer order but also her appointment orders were fake; the impugned orders could not be set aside merely on the basis of technicalities. The appellant cannot be allowed to reap the benefit of her fake appointment. She has not been able to indicate in any way that she possessed the requisite qualification for the post she was holding. Even if she possesses a certificate of Arbi Fazil or Diploma in Vocational Training from Punjab Board of Technical Education or certificate in Vocational Training, it would not mean that the said qualification was equivalent to the degree of B.A.,B.Ed. which was prescribed by the rules for the post in question.

7. Under the circumstances, the appeal filed by the appellant before this Tribunal is without any basis and is accordingly dismissed.

8. The parties are left to bear their own costs. H.B.T./20/PST Appeal dismissed.