Law:

Section:

Civil service------------Termination of service and imposition of penalty---Applications for posts of P.T.C. Teachers were duly invited---Applicants, including civil servant, were interviewed and were selected on merits---Civil servant alongwith others was recruited on merits, but after more than six years from his appointment, he was not only terminated from service, but also was directed to deposit huge amount received by him as salaries etc., within period of his employment on ground that he secured appointment during ban on recruitment---Validity---Civil servant had been penalized for no fault on his part as it was duty of Appointing Authority to examine if any ban existed at the time of issuing. appointment letter to civil servant---Civil servant could not be condemned for any irregularity committed by the Authority concerned---Appointing Authority committing an irregularity, could not be allowed to turn around and take benefit of its irregularity by penalizing civil servant---Orders passed against civil servant were set aside and he was. ordered to be reinstated with back benefits. Pervaiz Inayat Malik for Appellant. Ch. Manzoor Hussain, D.A. for Respondents. Date of hearing: 30th January, 2002. JUDGMENT Briefly, the relevant facts are that on 3-8-1993 Deputy District Education Officer (M-EE), Pind Dadan Khan District Jehlum appointed the appellant Anwar-ud-Din as P.T.C. teacher on the approval of Departmental Recruitment Committee. He continued working in different schools. However, on 30-11-1999 Deputy District Education Officer (M), Pind Dadan Khan in his capacity as Authorised Officer issued him a notice for showing cause as to why a penalty under Efficiency and Disciplinary Rules be not . imposed upon him for securing appointments during ban. The appellant denied the charge which was not found satisfactory. On 14-1-1999, District Education Officer (M-EE), Jehlum imposed upon the appellant the following penalties:-- (i) Service terminated with immediate effect. (ii) A sum of Rs.1,25,219.40 be recovered and deposited into Government Treasury. The appellant preferred departmental appeal and thereafter has approached the Punjab Service Tribunal through…

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