Law: Government Servants (Efficiency and Discipline) Rules, 1973

Section: 4(1)(b)(iv) ,5(iii)

Government Servants (Efficiency and Discipline) Rules, 1973----

----Rr. 4(1)(b)(iv) & 5(iii)---Constitution of Pakistan, Art. 199---Dismissal from service---Constitutional jurisdiction of the High Court, invoking of---Scope---Fake / forged educational document, submission of---Regular inquiry, non-holding of---Petitioner, who was plumber / BS-06 in Port Qasim Authority, filed constitutional petition against his dismissal contending that no regular inquiry was conducted---Validity---Show-Cause Notice, in the present case, revealed that a Scrutiny Committee was formed in terms of an order having passed by the Supreme Court, which Committee was entrusted with the task of examining the legality and vires of appointments made in Port Qasim Authority for last five years, including the case of petitioner---Petitioner was also inquired by the Scrutiny Committee, which later on found that he had provided a fake educational certificate and he was found guilty in departmental proceedings and the punishment of dismissal from service was imposed upon him on the ground that he had produced a fake educational certificate---Record showed that reasonable opportunities were extended to the delinquent / petitioner to defend himself effectively at every stage of the disciplinary proceedings in terms of ratio of order passed by the Supreme Court to meet the principle of natural justice---However, the petitioner failed to substantiate his point of view and his plea was rejected in terms of issuance of Show-Cause Notice and subsequent order of dismissal from service---Charges levelled against the petitioner had also been substantiated by the report of the concerned Board of Secondary Education ('Education Board')---Case of the petitioner could not be thrashed out under constitutional jurisdiction as he was found guilty of misconduct in his capacity as an employee of the PQA and he deserved stringent punishment for his misconduct based on the report of Education Board---Constitutional petition was dismissed, in circumstances.

ORDER