Law:

Section:

(a) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-------Rr. 4(1)(b), 5 & 6---Punjab Civil Servants Act (VIII of 1974), S.2--­Punjab Service Tribunals Act (IX of 1974), S.4---General Clauses Act (X of 1897), S.21---Constitution of Pakistan (1973), Art. 212(3)--­Removal from service---Appointment as PTC Teacher gained on basis of bogus order---Dismissal of appeal by Service Tribunal ---Validity--­District Recruitment Committee had never recruited petitioner Selection List for relevant period did not find mention name of petitioner---No legal sanctity could be attached to copy of Selection List produced by petitioner before Tribunal for not being signed by Chairman, District Recruitment Committee---Petitioner had been removed from service after scrutiny of entire record and affording him proper opportunity of hearing---Petitioner could not prove genuineness of appointment order by adducing cogent and concrete documentary evidence ---No perpetual rights could be gained on basis of such illegal order---Principle of locus poenitentiae would not apply to such case--­Findings of Tribunal being well based would not warrant interference--­No misconception of law or fact or question of law of public importance was involved---Petitioner for having manoeuvred his fake appointment would not fall within definition of "civil servant" stricto senso---Major penalty of removal from service could not be imposed on petitioner---Supreme Court partly accepted appeal by converting penalty of removal from service into that of termination from service. Zahoor Ahmad Awan v. The State 1997 SCMR 1543 and 2000 SCMR 907 ref. (b) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--- ----Rr. 4(1)(b)---Punjab Civil Servants Act. (VIII of 1974), S.2--­Appointment gained on basis of bogus/fake order---Removal from service---Validity---Such appointee would not fall within definition of "civil servant" stricto senso for not having been appointed in accordance with law, but having manoeuvred his take appointment---Major penalty of removal from service, in such circumstances, could not have been imposed on such appointee---Such penalty was converted into that of…

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