2006SCMR1174 (PLP)
Mst. SARWAT QAMAR — Petitioner Versus PROVINCE OF PUNJAB and others — Respondents
| Citation | 2006SCMR1174 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Faqir Muhammad Khokhar and Karamat Nazir Bhandari, JJ |
| Parties | Mst. SARWAT QAMAR — Petitioner Versus PROVINCE OF PUNJAB and others — Respondents |
| Primary Law | Punjab Civil Servants Act (XIII of 1974) |
Q1: What are the key laws and sections cited in 2006SCMR1174 (PLP)?
This judgment primarily cites: Punjab Civil Servants Act (XIII of 1974) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006SCMR1174 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Faqir Muhammad Khokhar and Karamat Nazir Bhandari, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006SCMR1174 (PLP) (Mst. SARWAT QAMAR — Petitioner Versus PROVINCE OF PUNJAB and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Pervaiz Inayat Malik, Advocate Supreme Court with Tanvir Ahmad, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 25th November, 2005.
Headnotes / Summary
(On appeal from the judgment, dated 30-12-2002 passed by the Punjab Service Tribunal, Lahore in Appeal No.2570 of 2000).
S. 4
Constitution of Pakistan (1973), Art.212(3)
Petitioner, who was appointed as P.T.C. Teacher, was removed from service on ground that her appointment order was proved to be illegal/bogus being without merit and against government policy
Departmental Authorities as well as the Service Tribunal had recorded their concurrent findings of fact that petitioner was never selected by District Recruitment Committee, nor her name figured in the merit list and that appointment order of petitioner was a forged document
Finding of fact recorded by competent departmental forums and the Service Tribunal, could not be reviewed by Supreme Court
Impugned judgment of Tribunal not suffering from any defect or legal infirmity, could not be interfered with by Supreme Court.
Judgment & Decree
FAQIR MUHAMMAD KHOKHAR, J.
The petitioner seeks leave to appeal from judgment, dated 30-12-2002, passed by the Punjab Service Tribunal, Lahore in Appeal No.2570 of 2000.
2. The petitioner was appointed as a PTC Teacher. However, she was removed from service by order, dated 22-5-1999, passed by the District Education Officer, Lodhran, on the grounds that her appointment order, dated 30-12-1992 was proved to be illegal/bogus, being out merit and against the Government policy. Her appeal was also dismissed by the Director of Elementary Education, Multan, by order, dated 2-8-1999. Therefore, the petitioner preferred Service Appeal No.2570 of 2000 which was dismissed by the Tribunal by the impugned judgment, dated 30-12-2002. Hence this petition for leave to appeal. 3.? The learned counsel for the petitioner vehemently argued that the order of removal of the petitioner from service was inconsistent with the show-cause notice and that proper inquiry had not been conducted by the departmental authorities. It was further argued that there was nothing on record to show that the order of appointment had not emanated from the competent authority.
4. We have heard the learned counsel for the petitioner at some length and have also gone through the available record. The departmental authorities as well as the Tribunal have recorded their concurrent findings of fact that the petitioner was never selected by the District Recruitment Committee nor did her name figure in the merit list and that the appointment order No.336 of the petitioner was a forged document as B the said number was nowhere found in the dispatch register. We are not expected to review the findings of fact recorded by the competent departmental forums and the Tribunal. The impugned judgment of the Tribunal does not suffer from any defect or legal infirmity so as to warrant interference by this Court.
5. For the foregoing reasons, we do not find any merit in this petition which is dismissed and leave to appeal is refused accordingly. H.B.T./S-8/SC???????????????????????????????????????????????????????????????????????????????????? Petition dismissed.