Law:

Section:

Punjab Service Tribunals Act (IX of 1974)------S. 4---Constitution of Pakistan (1973), Art. 212(3)---Leave to appeal--­ Petitioners who were proceeded against on certain charges were given full opportunity of showing cause and were also supplied copy of inquiry report duly prepared by Authorized Officer after providing petitioners full opportunity of being heard---Punishment awarded to petitioners by Competent Authority after hearing him, held, was rightly upheld by Service Tribunal---No case for leave to appeal having been made out, petition was dismissed. JUDGMENT SHAFIUR RAHMAN, J.---The Petitioners are teachers of nationalized institutions and seek leave to appeal under Article 212(3) of the Constitution against the judgment of the Punjab Service Tribunal dated 22-10-1987. 2. The Petitioners were proceeded against departmentally and the charges were as hereunder:----- "(i) That you do not attend your classes regularly but visit the school once or twice in a month to get your salary; (ii) No student has appeared in S.S.C. Examination for the last seven years; (iii) The students are forced to leave the institution and join other high schools; (iv) Parents have been compelled to take their children to the distant towns for their education." An enquiry was conducted into these charges and by an Order dated 17-9-1984, two increments were stopped. The matter was brought before the Tribunal in the first round which accepted the appeals on 10-12-1985 and remanded the proceedings with a view to serve the enquiry report on the petitioners. The Authorised Officer supplied them a copy of the enquiry report and referred the matter for hearing to the Authority. The Authority after hearing the petitioners passed an order withholding their four increments and directing that the period of their suspension from 19-7-1980 to 17-9-1984 be treated as extraordinary leave without pay. They challenged again but the Tribunal upheld the order. 3. Agha Taj Muhammad, Advocate the learned counsel for the Petitioners has taken up two legal grounds, apart from disputed findings of fact recorded by the Enquiry Officer. The first legal ground is that as ultimately only a minor penalty was…

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