Case Details

Citation(s)
2004 SLG 1545 2004 SLD 1545 2004 PLC 650
Service Tribunal, Punjab
Appeal No. 2091 of 2002 decided on 3rd June, 2003.
NASIR, JAVED, MEMBER

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Mst. AFZAALA TABASSAM

VS

EXECUTIVE DISTRICT OFFICER (EDUCATION), NAROWAL and 2 others

Law:

Section:

Civil service-------Removal from service and cancellation of promotion---Civil servant was appointed as P.T.C. Teacher on recommendation of District Recruitment Committee and subsequently was promoted to post of EST in Grade 9---Civil, servant was removed from service and her promotion order was cancelled after about four years of her appointment without issuing her shoal-cause notice and also without conducting regular inquiry against her---Validity---Authority must have looked into the matter through a regular inquiry as to whether appointment order as well as promotion orders of civil servant were genuinely issued by competent authorities---Civil servant was also deprived of her right to file departmental appeal/representation as according to record, delegation of powers in respect of appointment of Appellate Authority had not been granted by Government to any other officer for the purpose---If Appellate Authority did not exist at the time of filing of departmental appeal, civil servant was not to be blamed and she would not be refused to exercise her Constitutional and fundamental rights to prefer an appeal before Authority appointed for the purpose---Orders passed against civil servant were set aside and s-he was reinstated in service with immediate effect and her case was remanded to competent authority to hold a full ­fledged inquiry in respect of genuineness of, original as well as the order by which promotion of ,civil servant was withdrawn. Pervaiz Inayat Malik for Appellant. Mansoor Hussain Bhatti, D.A. for Respondents. Date of hearing: 3rd June, 2003. JUDGMENT The appellant Mst. Afzaala Tabassam was appointed as PTC teacher vide order, dated 4-10-1995 on the recommendations of District Recruitment Committee, Narowal and joined her duty as such at Government Girls Primary School Edipur on 5-10-1995. The Appellant had been performing his duty in different Schools till being on the basis of FA/CT, she was awarded the grade of E.S.T. (BS-9). by the respondent No.2 vide order, dated 8-12-1998 and was adjusted at Government Girls Elementary School, Langerkey, Markaz Zafarwal as EST vide order, dated 28-12-1998. All of a sudden, the appellant was summoned…
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