Law:

Section:

Specific Relief Act (I of 1877)------S. 42---Punjab Boards of Intermediate and Secondary Education Act (XIII of 1976), Ss. 20, 29 & 31---Civil Procedure Code (V of 1908), S. 115---Civil Service---Termination of Service---Suit for declaration--­Maintainability---Plaintiff was non-suited by both the Courts below merely on the ground that he was a civil servant and he had to file an appeal before Service Tribunal against termination of his services--­Validity---Said findings of both Courts below were not in consonance with Punjab Boards of Intermediate and Secondary Education Act, 1976 and law laid down by Superior Courts---Where Courts, had decided the case in violation of law laid down by Superior Courts or in violation of provisions of law, it would be a material irregularity committed by the Courts and High Court had ample jurisdiction to interfere in findings arrived at by both Courts below while exercising its powers under S. 115 of C.P.C. Zia Farooq Piracha v. Chairman Board of Intermediate and Secondary Education, Rawalpindi and others 2002 SCMR 35 and Chairman Board of Intermediate and Secondary Education, Sargodha v. Abdul Rehman 1988 SCMR 1711 ref. Ch. Muhammad Akram Zahid for Petitioner. Dr. M. Mohy-ud-Din Qazi for Respondents. ORDER The brief facts out of which the present revision petition arises are that the petitioner is an employee of the respondents. The petitioner declared failed candidate as successful candidate regarding the Supplementary Intermediate Examination 1988 held by the respondents/Board. The services of the petitioner were suspended by the respondents vide order dated 14-4-1991. Consequently, charge-sheet was issued by the respondents/Board to the petitioner on -13-5-1991 and an Inquiry Officer was also appointed after completing all the legal formalities. The services of the petitioner were terminated by the respondents vide order dated 21-12-1994. The petitioner being aggrieved filed a representation before the Chairman Board, which was also rejected vide order dated 19-8-1992. Thereafter, the petitioner filed an appeal before the Board, which was also dismissed by the respondent/Board vide order dated 28-4-1994. The…

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