| Citation(s) |
|---|
| 2018 SLG 421 2018 SLD 421 2018 PLJ 116 |
Service Tribunal, Punjab
Appeal No. 639 of 2015, decision & hearing Date : 18.4.2017.
JUSTICE (R) SHOAIB SAEED, CHAIRMAN
Mr. Abdul Jabbar Awan, Advocate for Appellant. Mr. Muhammad Sarfraz Malik, D.A. for
Respondents.
Appeal No. 639 of 2015, decision & hearing Date : 18.4.2017.
JUSTICE (R) SHOAIB SAEED, CHAIRMAN
Mr. Abdul Jabbar Awan, Advocate for Appellant. Mr. Muhammad Sarfraz Malik, D.A. for
Respondents.
MST. FAKHRA YASMEEN
VS
DISTRICT EDUCATION OFFICER (W-EE), RAWALPINDI
Law:
Section:
Punjab Employees Efficiency, Discipline and Accountability Act, 2006 (XII of 2006)- ----Charge of bogus appointment--Imposition of major penalty upon the civil servant--Validity--Appellant, PST teacher was imposed major penalty of removal from service on allegation of having bogus appointment order--Validity--Held: that Appellant was removed from service after a detailed scrutiny of record--Authenticity of appointment letter and inter district transfer letter was not corroborated by producing any tangible material with regard thereto, thus presumption would be that appellant at time of entrance manoeuvred a bogus appointment letter in connivance with dishonest elements and subsequently being in the habit of producing such letters appellant again managed her inter district transfer through a bogus letter--When initial appointment is void ab inito, then by efflux of time, such unlawful order will not become lawful--Appeal dismissed. THIS JUDGMENT DELIVERED BY: JUSTICE (R) SHOAIB SAEED, CHAIRMAN:---.--- Briefly, appellant while working as PST, Govt. Girls High School, Gharibabad, Tehsil & District Rawalpindi was proceeded against under PEEDA Act, 2006 on the charge of "Misconduct and Bogus appointment/Inter District Transfer". The competent authority/Deputy DEO (W-EE), Rawalpindi appointed Mst. Rohi Yasmin, Headmistress, Govt. Girls High School, Khayaban-e-Sir Syed, Sector-I, Rawalpindi as inquiry officer who conducted inquiry, submitted report vide letter dated 24.8.2013 held that charges leveled were proved, recommended for imposition of major penalty of Removal from Service. The competent authority vide show-cause-cum-personal hearing notice dated 3.9.2013 granted opportunity of personal hearing but appellant did not avail the opportunity. The competent authority/Deputy DEO (WEE), Rawalpindi, thereafter agreeing with the recommendations of the inquiry officer imposed major penalty of Removal from Service vide impugned order dated 28.9.2013. Appellant filed departmental appeal before District Education Officer (W-EE), Rawalpindi which was rejected vide order dated 20.9.2014. Hence this service appeal. 2. Arguments heard, record perused. 3. Appellant was…
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