| Citation(s) |
|---|
| 2022 SLG 2383 2022 SLD 2383 2022 PLC 1486 |
Subordinate Judiciary Service Tribunal, Punjab
Service Appeal No. 13 of 2004, heard on 19th November, 2021
MIRZA VIQAS RAUF, CHAIRMAN, MUHAMMAD SAJID MEHMOOD SETHI AND SARDAR MUHAMMAD SARFRAZ DOGAR, MEMBERS
Tallat Farooq Shaikh for Appellant. Iftikhar Ahmad Khan for
Respondent No.1. Hafiz Tariq Naseem for Amicus Curiae:
Service Appeal No. 13 of 2004, heard on 19th November, 2021
MIRZA VIQAS RAUF, CHAIRMAN, MUHAMMAD SAJID MEHMOOD SETHI AND SARDAR MUHAMMAD SARFRAZ DOGAR, MEMBERS
Tallat Farooq Shaikh for Appellant. Iftikhar Ahmad Khan for
Respondent No.1. Hafiz Tariq Naseem for Amicus Curiae:
MUHAMMAD SHABBIR AHMED MINHAS
VS
LAHORE HIGH COURT through Registrar and another
Law:
Section:
(a) Civil service--- ----Dismissal/major penalty awarded to Judicial Officer---Impersonation and cheating---Appellant/Civil Judge cum Judicial Magistrate had been awarded major penalty, i.e. dismissed from his post---Allegation was made by Chairman Education Board of relevant Division that appellant had appeared in intermediate examinations held in 1987 and 1988 in place of his elder brother; that in his capacity as Civil Judge, appellant had stamped for attestation of the copies of National Identity Card and Intermediate examination result card appended with the application of his brother for obtaining duplicate copy of result card---Appellant denied the said charges, however, he admitted that he attested the result card---Inquiry Officer/District Judge submitted report concluding that all the charges stood proved---After providing to the appellant with opportunity of personal hearing, major penalty was imposed and departmental appeal /review was dismissed---Appellant contended that allegation was not sufficiently proved; that alleged impersonation belonged to period much prior to the appellants appointment as judicial officer, hence the disciplinary proceedings were invalid and that inquiry proceedings were concluded much beyond the period stipulated under the law---Validity---Department examined 07 witnesses---Appellants brother was examined who admitted that photographs affixed on the admission form were not his photographs---During departmental hearing before Authorized Officer, appellant admitted that his photographs were available on the application form and he also admitted the existence of his signatures (as attestation) on copies of his brothers Identity Card and result card---Appellant produced 03 witnesses including one Handwriting Expert but could not rebut the charges, discard the evidence brought on record and prove his innocence---No malice had been attributed to the witnesses who supported the challenges levelled against the appellant---No effect was prescribed in the Punjab Civil Servants (Efficiency and Discipline) Rules, 1999, where the inquiry proceedings were not concluded within a period of 90 days---No material was placed on record to…
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