Law:

Section:

Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)----Ss. 3 & 10---Punjab Service Tribunals Act (IX of 1974), S. 4---Constitution of Pakistan (1973), Art.212(3)---Removal from service---Petition had been filed against of Tribunal whereby appeal filed by employee against her removal from service had been accepted---Contention, that employee was not appointed by Recruitment Committee, but was appointed on recommendation of Deputy Commissioner, had not been taken by authorities before Service Tribunal nor the letter on basis of which Deputy Commissioner recommended employee's appointment, was mentioned by authorities in their parawise comments---Said contention for the first time could neither be considered nor permitted to be raised at belated stage---Dismissal of Deputy District Education Officer who verified the appointment of employee as correct, could not be considered as circumstance to non-suit employee at belated stage particularly when no such plea was taken before Service Tribunal---Petition was dismissed and leave refused. JUDGMENT IFTIKHAR MUHAMMAD CHAUDHRY, J.--- This petition fork leave to appeal has been filed against the judgment of the Punjab Service Tribunal dated 27-5-2003 whereby the appeal filed by the respondent against her removal from service has been accepted. Concluding paragraph of the impugned judgment for convenience is reproduced hereinbelow : - "(5) After hearing the arguments and perusal of record clearly reflects that appellant was appointed as PTC Teacher properly as certified by the Deputy District Education Officer. If at all there was some irregularity then Deputy District Officer, Chunian should have been held for it. Her appointment was found regular by the Army Scrutiny Team. After this verification what is left is plea of the appellant that she had been punished for not surrendering before the ill-motives of Shamshad Ali, Assistant. What has been discussed the appellant has been punished because of the ill-motives of said Shamshad Ali who has not been questioned by the Department in spite of facts that appellant had levelled allegations of official corrupt, bribe and moral turpitude against him.…

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