2013 PLP 279 (SCMR)

NASIR-UL-MULK, J.

The respondent, Muhammad Munir Sajid, had applied for the post of Patwari in District Kasur. He was selected for appointment, whereafter another unsuccessful candidate by the name of Pervaiz Ahmed filed a complianant before the Provincial Ombudsman Punjab, accusing the respondent for furnishing a fake F.A. certificate in his testimonials to the Selection Committee. In the inquiry by the Provincial Ombudsman the allegation against the respondent could not be proved. However, the competent Authority, being not satisfied with the inquiry, made its own probe and upon verification from the Secretary Board of Intermediate and Secondary Education, it was found that the F.A. certificate of the respondent was indeed fake. He was therefore dismissed from service. He filed a Departmental appeal against his dismissal, which was not successful. He filed service appeal before the Punjab Service Tribunal, Lahore. The Tribunal accepted his appeal. Without dilating upon the issue whether, the F.A. certificate of the respondent was fake or not the Tribunal held that since the respondent was even otherwise eligible for appointment as Patwari on the basis of his Matric qualification, the consideration of his F.A. qualification was neither relevant nor material. The Deputy District Officer (Revenue) Kasur has filed this petition for leave to appeal.

2. On 5-9-2012, we passed the following order:-- "The respondent, while applying for the post of Patwari, had in his testimonials furnished matriculation as well as F.A. certificates. He was duly selected and appointed. However, subsequently his F.A. certificate was found to be faked and upon due inquiry, he was dismissed from service. That inquiry was set aside on technical grounds and upon de novo inquiry again he was dismissed from service. The Punjab Service Tribunal allowed the respondent's appeal holding that regardless of whether his F.A. certificate was fake the basic qualification for appointment was matriculation and on that account he was qualified to be appointed as Patwari. It is pointed out that the respondent, by furnishing a fake certificate, was disqualified from even being considered to be appointed and further that it was on account of the fake F.A. certificate he was granted additional marks which improved his merit and thus enabled him to be selected and appointed as Patwari. Notice is given to the respondent."

3. In response to the notice, the respondent appeared and was represented by Mr. Shah Khawar, Advocate Supreme Court. The learned counsel for the respondent admitted that the respondent was granted five additional marks by the Selection Committee on the basis of F.A. certificate. The learned counsel then took us to the merit list wherein the respondent's name appeared at Serial No.4 and pointed out that even if the five marks granted to him on account of higher qualification of F.A. are excluded, he still would have sufficient marks to be selected.

4. The learned counsel for the respondent was not in a position to dispute that the F.A. certificate produced by the respondent was fake. The respondent, who was present in-person, when confronted about the genuineness of the certificate, admitted that he had not passed F.A. examination but alleged that the certificate was included in his testimonial by another candidate to spoil his chances of selection. We do not see any sense in this argument as to why would a competing candidate furnish a fake certificate, which if not detected would give an edge to the respondent. Furthermore this was not his case during the inquiry or before the Tribunal where he asserted that the certificate was genuine. There can be no two opinions that the certificate was indeed forged.

5. The Tribunal holding that the respondent was even otherwise eligible for selection on the basis of Matric certificate and thus his F.A. was not relevant has lost sight of the fact that this would have entitled the respondent to additional marks, which in fact he was granted. The main question here is the conduct of the respondent by producing a fake F.A. certificate in his testimonials, knowing well that it boosted his chances, disentitled him to be even considered for selection.

6. In view of the above, the impugned judgment cannot be sustained in law. The petition is converted into appeal and allowed. The judgment of the Punjab Service Tribunal, Lahore is set aside and the order of dismissal of the respondent is restored. MWA/D-2/SC Petition allowed.