| Citation(s) |
|---|
| 2020 SLG 2359 2020 SLD 2359 2020 PLC 1244 |
Supreme Court of Pakistan
Civil Petition No. 3952 of 2019, decided on 9th June, 2020, Date of hearing: 9th June, 2020. (On appeal against the judgment Dated 14.09.2019 passed by the Sindh Subordinate Judiciary Service Tribunal, Karachi)
UMAR ATA BANDIAL, JUSTICE FAISAL ARAB, JUSTICE SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
Muhammad Umair Baloch, Advocate Supreme Court for Petitioner. Nemo for
Respondent.
Civil Petition No. 3952 of 2019, decided on 9th June, 2020, Date of hearing: 9th June, 2020. (On appeal against the judgment Dated 14.09.2019 passed by the Sindh Subordinate Judiciary Service Tribunal, Karachi)
UMAR ATA BANDIAL, JUSTICE FAISAL ARAB, JUSTICE SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
Muhammad Umair Baloch, Advocate Supreme Court for Petitioner. Nemo for
Respondent.
RIZWANA ALTAF
VS
CHIEF JUSTICE, HIGH COURT OF SINDH THROUGH REGISTRAR
Law: Sindh Judicial Service Rules, 1994
Section: 9(2)
(a) Sindh Judicial Service Rules, 1994--- ----R. 9(2)---Civil Judge and Judicial Magistrate---Misrepresentation and concealment in application form for post of Civil Judge and Judicial Magistrate---Held, that in the application submitted while applying for the post of Civil Judge and Judicial Magistrate, the petitioner disclosed that she was enrolled as an advocate of district judiciary and as advocate of the High Court without disclosing the fact that she was a government servant holding the post of primary school teacher---In the application form, petitioner was required to disclose the name of the department, her designation and the date of her employment in service, and the date of her induction in previous service and if terminated, when and with what reasons---Petitioner did not provide such information in her application and left the relevant spaces in the application blank---Resultantly, background check with regard to her past service could not be conducted by the concerned authorities of the Provincial Government before appointing her as a Civil Judge and Judicial Magistrate---Only when the petitioner drew salary as school teacher for the months when she was also entitled to draw salary of the post of Civil Judge that the factum of her pervious employment came to light---Petitioners own record reflected that she got herself enrolled as a school teacher by representing herself to be a practicing advocate for at least two years though she only had a standing of about two months, which was another misrepresentation on her part---Petitioner either never practiced as an advocate of the subordinate courts for a period of two years or if she had then she did not serve the education department as primary school teacher and yet continued to draw salary of such post; in this background she appeared to have deliberately concealed the factum of her employment with Education Department in order to get enrolled as an advocate of High Court on false representation---Petitioner did not disclose to the Education department that she needed NOC for applying for the post of Civil Judge and Judicial Magistrate---Only reason which the petitioner disclosed in herβ¦
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