Law:

Section:

(a) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-------Preamble---Person serving as a civil servant and enjoying all benefits of, such service either on the basis of a valid appointment order or the bogus, one, no order detrimental to his service could be passed except by adopting relevant Efficiency and Discipline Rules by treating him as a civil servant. (b) Punjab Service Tribunals Act (IX of 1974)--- ----S.4(b)---Authority having power to determine fitness or otherwise of a person to be appointed or to hold a particular post---Appeal against order of such authority was not competent before the Service Tribunal. (c) Punjab Service Tribunals Act (IX of 1974)--- ----S.4---Appeal---Maintainability---Question as to whether the appointment order of the civil servant was valid or bogus being a different question from his being fit or otherwise, appeal concerning such question was competent before Service Tribunal. Khyzar Hayat Khan Punian for Appellant. ORDER Brief facts of the case are that the appellant was appointed as PTC Teacher on 30-9-1993. She joined and kept on serving as such. At a later point of time it was noted that her initial appointment letter dated 34-9-1993 was a bogus document whereupon she was proceeded against under the relevant E&D Rules. She joined and participated in the inquiry being conducted. During the said inquiry on 30-6-2000, a notice for personal hearing was issued to her by the Inquiry Officer. This notice was challenged by the appellant through Writ Petition No.7343 of 2000 which stood dismissed through the impugned order dated 30-1-2003. 2. Learned counsel for the appellant contends that since the initial appointment of the appellant is being examined by the Inquiry Officer, therefore, no appeal is competent before the Tribunal in view of section 4(b) of the Punjab Services Tribunals Act, 1976. Further submits that appellant's appointment was earlier examined by a Scrutiny Committee and the same was found to be correct in the year, 1998. 3. We have considered the contention of the learned counsel. Undountedly, since 1993 the appellant had been serving as a civil servant, whether on the basis of valid…

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