Case Details

Citation(s)
2004 SLG 1563 2004 SLD 1563 2004 PLC 661
Supreme Court of Pakistan
Civil petition No.3369-L of 2000, decided, on 2nd May 2003. (On appeal from the judgment dated 29-8-2001 of the Punjab service tribunal, Lahore high court Lahore passed in appeal No.39 of 1994)
JAVED IQBAL AND KARAMAT NAZIR BHANDARI, JJ

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SHAMSHAD KAUSAR

VS

PROVINCE OF PUNJAB AND OTHER

Law:

Section:

(a) Punjab civil servants (efficiency and discipline ) Rules ,1975------R. 4(1)(b)---Punjab service tribunals Act (IX of 1974), S.4--- constitution of Pakistan (1973), Art.212(3)---termination of service ---charge of procurement of PTC Teacher appointment on basis of forged and fake PTC result card---order of termination of service of civil servant was upheld by service tribunal ---validity---record showed that civil servant had failed four subjects---authenticity of answer sheets produced by registrar examination could not be doubted ,which remained in safe custody letter of appointment of civil servant indicated that by interpolation her name was got inserted in a single appointment letter concerning other candidate---charge against civil servant had been proved to the hilt---civil servant had not been ousted from service due to animosity ,malice or ill-will of officer against whom allegation of embezzlement of her salaries had been made which appeared to be afterthought and could not be substantiated by evidence---factum of foregery being question of had been determined on basis of sound and concrete evidence-fining of fact recorded by department and affirmed by service tribunal could not be reversed in absence of any justification--- No question of law of public importance was involved ---supreme court dismissed petition for leave to appeal. (b) Punjab Service Tribunals Act (IX of 1974)----- ----S. 4---Constitution of Pakistan (1973), Art. 212(3)---Finding of fact recorded by department and affirmed by Service Tribunal---Validity--­Such finding could not be reversed by Supreme Court without any justification. Mushtaq Ali Tahirkheli, Advocate Supreme Court and Mahmud-ul-Islam, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 2nd May, 2003. ORDER JAVED IQBAL, J.-------This petition for leave to appeal is directed against the judgment, dated 29-8-2001 passed by learned Punjab Service Tribunal, Lahore, whereby the appeal preferred on behalf of petitioner has been dismissed and order, dated 21-8-1993 passed by the Deputy District Education Officer (W), Tehsil Gujranwala whereby the services of petitioner were terminated has been kept…
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