Law: Punjab Civil Servants (Efficiency and Discipline) Rules, 1975)

Section: 4(l)(b)(v)

Law: Constitution of Pakistan, 1973

Section: 212(3)

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--- ----R.4(l)(b)(v)---Constitution of Pakistan (1973), Art.212(3)---Dismissal from service after six years on ground of misconduct and appointment being against rules---Service Tribunal set aside such order in appeal filed by the civil servant---Validity---Authenticity of documents on basis whereof appointment was made, had been confirmed by appointing Authority---Charges against civil servant could not be substantiated on the basis of worthy of credence documentary evidence---Non-production of inquiry report before Service Tribunal, inspite of its various directions would give rise to the presumption that no such inquiry had ever been conducted---Non-mentioning of name of civil servant in the Dispatch Register would have no bearing on merits of the case---No question of law of public importance was involved--Supreme Court dismissed petition and refused leave to appeal. ORDER JAVED IQBAL, J.---This petition for leave to appeal is directed against the judgment dated 21-8-2001 passed by the Punjab Service Tribunal, Lahore, whereby the appeal preferred on behalf of respondent has been accepted by setting aside the order dated 8-6-2000 whereby the respondent was removed from service. 2. Precisely stated the facts of the case are that Liaqat Ali (respondent) was appointed as PTC teacher on 13-5-1993 on the recommendation of Departmental Selection Committee and remained in service till 12-11-1999 when disciplinary proceedings were initiated against him on account of misconduct and appointment against rules which culminated into his removal from service vide order dated 8-6-2000. After exhausting departmental remedies the respondent approached learned Punjab Service Tribunal by means of appeal which has been accepted, hence this petition. 3. Mr. Muhammad Sharif Butt, learned Advocate Supreme Court entered appearance on behalf of Province of the Punjab and contended strenuously that the learned Service Tribunal has failed to appreciate that the respondent had procured his appointment by implying deceitful means and it was a bogus appointment for all practical purposes. It is also contended that the learned…

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