Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional Petition--NHA's Efficiency and Discipline Rules 1995, Clause 3(a) & (b)--Petitioner was appointed as driver on daily wages--Regularized as per of policy Government show-cause notice for submission of bogus and factitious primary pass certificate--Verification of school certificate--Genuine--Dismissed from Service--Validity--Challenge to--From perusal of aforementioned paragraph, respondents admitted that school certificate of petitioner has got been verified from concerned school but despite genuineness of certificate dismissal order of petitioner from service was not withdrawn by authority which is illegal on face of it--Respondents-department have not initiated any regular inquiry while awarding major punishment to petitioner, who is doing job w.e.f. 2009, as such, orders dated 10.10.2013 and 12.05.2015 are illegal, unjustifiable, arbitrary and based on lack of any plausible reasons--When it is proved on record that certificate of petitioner is genuine and verified by concerned authority then substratum of impugned orders stood liquidated and respondents¬department have not challenged or agitated orders of verification before any forum till today--Petitioner has rendered his services to department for more than 4 years and is most experienced driver having no complaint whatsoever of any sort against him--Petition was allowed. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD IQBAL, JUSTICE---.--- Through this writ petition, the petitioner has challenged the validity of order dated 10.10.2013 passed by Respondent No. 4/DD (Confidential) whereby the petitioner was dismissed from service on account of providing bogus/fictitious primary pass certificate. 2. Brief facts of the case are that the petitioner was appointed as Driver on daily wages vide order dated 5.6.2009, thereafter, he was regularized as per the policy of the Govt. of Pakistan vide order dated 12.10.2011. The petitioner performed his duties satisfactorily and on 30th July, 2013 after lapse of 04-years, 01-month & 25-days a show-cause notice was given to him under Clause-3(a) & (b) of NHA's Efficiency and Discipline Rules, 1995 on the…

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