| Citation(s) |
|---|
| 2011 SLG 1914 2011 SLD 1914 2011 SCMR 437 |
Supreme Court of Pakistan
Civil Appeal No. 592 of 2006, decision dated: 2-10-2009. (On Appeal from the judgment, dated 22-7-2005 passed by the Punjab Service Tribunal, Lahore, in Appeal No.2396 of 2003)
MIAN SHAKIRULLAH, JAN AND CH. IJAZ AHMED, JJ
Mian Mahmood Hussain, Advocate Supreme Court for Appellant. Saeed Yousaf Khan, Additional Advocate-General Punjab, Ch. Muhammad Aslam, Law Officer/Assistant Education Officer, D.E.O. Office, Lahore High Court for
Respondents
Civil Appeal No. 592 of 2006, decision dated: 2-10-2009. (On Appeal from the judgment, dated 22-7-2005 passed by the Punjab Service Tribunal, Lahore, in Appeal No.2396 of 2003)
MIAN SHAKIRULLAH, JAN AND CH. IJAZ AHMED, JJ
Mian Mahmood Hussain, Advocate Supreme Court for Appellant. Saeed Yousaf Khan, Additional Advocate-General Punjab, Ch. Muhammad Aslam, Law Officer/Assistant Education Officer, D.E.O. Office, Lahore High Court for
Respondents
IFFAT JABEEN
VS
DISTRICT EDUCATION OFFICER (M.E.E.), Lahore High Court and another
Law:
Section:
(a) Government Servants (Efficiency and Discipline) Rules, 1973-------Rr. 5 & 6---Constitution of Pakistan, Art.212(3)---Leave to appeal was granted by Supreme Court to consider the contention of petitioner that she was graduate at the time of her appointment and thereafter, she further improved her educational qualification as M.A., B-Ed and C.T. during her service and order passed by authorities of removal of petitioner from service was not sustainable at law inasmuch as there was no concealment or misrepresentation of any material fact on the part of her who had rendered satisfactory service before removal from service and further contended that quantum of punishment did not commensurate the nature of charge. (b) Government Servants (Efficiency and Discipline) Rules, 1973--- ---Rr. 5 & 6---Removal from service---Imposing of major penalty---Concealing of facts---Civil servant was appointed as untrained teacher ' but she received salary of regular teacher---Authorities removed the civil servant from service on the allegation of securing "service by playing fraud with authorities---Validity---During her service, civil servant improved her qualification as M.A., B.Ed. and C.T. and also gained experience as a teacher for ten years---Service Tribunal decided the case in violation of dictum laid down by Supreme Court and even without perusing record after application of mind, as the same was a condition precedent for passing a decision---Supreme Court set aside the passed by Service Tribunal and reinstated the civil servant in service without back-benefits in accordance with law, as she did not perform any duty---Appeal was allowed. Zulfiqar Ali's case 2006 SCMR 678; Abdul Waheed's case 2004 SCMR 303; Secretary to Government of N.W.F.P.'s case 1996 SCMR 413; Abdul Hafeez Abbasi's case 2002 SCMR 1034; G.M. Sikdar's case PLD 1970 SC 158 and Mollah Ejahar Ali's case PLD 1970 SC 173 rel. (c) Constitution of Pakistan--- ----Arts. 189 & 190-Judgment of Supreme Court is binding on each and every organ of State. (d) Administration of justice--- ----Application of correct law---Improper advice of counsel---Effect---Judge must wear all laws of country on the…
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