Case Details

Citation(s)
2004 SLG 1476 2004 SLD 1476 2004 PLC 371
Supreme Court of Pakistan
Civil Petition No.4012-L of 2001, decision dated: 14-05-2003. (On appeal from the judgment dated 31-10-2001 of the Punjab Service Tribunal, Lahore, passed in Appeal No.3592 of 1999).
JAVED IQBAL, FALAK SHER AND KARAMAT NAZIR BHANDARI, JJ

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Mst. SAMINA NAZEER

VS

DISTRICT EDUCATION OFFICER (W), KHANEWAL and others

Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-------Rr.4(1)(b)(iv) & 6---Constitution of Pakistan (1973), Art.212(3)--­Termination of service without holding regular inquiry---Validity---Civil servant's name was not included in the merit list of selected candidates--­Transfer order and joining report of civil servant were fake and fabricated ---Factum of fraud and forgery being a question of fact had been determined by authority on the basis of relevant record and affirmed by Service Tribunal after perusing entire record would not warrant any interference---Competent Authority could dispense with holding of regular inquiry under R.6 of Punjab Civil Servants (Efficiency and Discipline) Rules, 1975---Allegations levelled against civil servant had been proved on basis of documentary evidence, thus, regular inquiry was not necessary---No question of law of public importance was involved---Supreme Court dismissed petition and refused leave to appeal. Ch. M.S. Shad, Advocate Supreme Court for Petitioner. Nemo for Respondents. Date of hearing: 14th May, 2003. ORDER JAVED IQBAL, J.---This petition for leave to appeal is directed against the judgment dated 18-10-2001 passed by learned Punjab Service Tribunal, Lahore, whereby the appeal preferred on behalf of petitioner has been dismissed and order dated 12-5-1999 whereby her services were terminated has been kept intact. 2. Precisely stated the facts of the case are that pursuant to disciplinary action initiated against the petitioner on account of unsigned first joining report, doubtful relinquished report and fake transfer order, her services were terminated on 12-5-1999. After exhausting the departmental remedies the petitioner approached the Punjab Service Tribunal and preferred an appeal which has been dismissed vide judgment impugned. 3. Heard Ch. M.S. Shahid, learned Advocate Supreme Court on behalf of petitioner who mainly contended that no punishment could have been awarded without holding regular inquiry to prove the allegations…
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