Law:

Section:

(a) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-------R. 2(d)---Misconduct---Appointments made on fake and forged documents by senior officer of department---Validity---Such acts for being prejudicial to good order and discipline and unbecoming of an officer would amount to misconduct. (b) Constitution of Pakistan--- ---Art. 212(3)---Appeal against of Service Tribunal---Re¬appraisal of evidence by Supreme Court---Scope---When evidence available on record was duly examined in detail by Inquiry Officer as well as Service Tribunal, Supreme Court could not go into a third exercise of its re-evaluation in absence of its gross non-consideration---Supreme Court dismissed appeal in circumstances. Noor M. Khan Chandia, Advocate Supreme Court and Mahmud¬ul-Islam, Advocate-on-Record for Appellant. Azeem Malik, Additional A.G. for Respondents. Date of hearing: 6th June, 2011. ORDER MUHAMMAD SAIR ALL, J.---Appellant's dismissal order dated 3-3-2003 was converted to compulsory retirement w.e.f. 3-3-2003 through order dated 6-11-2003. This major penalty was imposed for misconduct on the charge that as a Director of Education (EE) Multan, she made appointments on the basis of bogus LPC, fake service book and joining/relieving reports etc. in the name of Inter Markaz/Inter Tehsil/Inter District adjustments by way of transfers. And that thus she violated the prescribed procedure for making appointments and caused financial loss with ulterior motives. Denying charges, she raised legal objections on various grounds. The inquiry was held wherein she duly cross-examined the witnesses and also produced her defence. Consequent upon the report of the Inquiry Officer, the competent authority dismissed the appellant from service. This penalty as above stated was converted by the appellate authority to compulsory retirement which was challenged through Tribunal Appeal No. 2757 of 2003 before the Punjab Service Tribunal, Lahore. The Appeal was dismissed through impugned judgment dated 21-2-2004 passed by the learned Chairman Punjab Service Tribunal, Lahore. 2. Against the above judgment, leave was granted to the appellant in view of the leave granting order passed in…

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