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Petitioner: ABAD ALI VS Respondent: DIRECTOR FOOD, PUNJABHonorable Justice JAVED IQBALRana Liaqat Ali Khan,Nemo
2004 P L C (C
2004 P L C (C.S.) 503
[Supreme Court of Pakistan]
Present: Javed Iqbal and Faqir Muhammad Khokhar, JJ
ABAD ALI
Versus
DIRECTOR FOOD, PUNJAB, LAHORE and others
Civil Petition No.852-L of 2000, decided on 27th February, 2003.
(On appeal from. the judgment dated 19-4-1994 of the Punjab Service Tribunal, Lahore, passed in Appeal No.18 of 1993).
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975---
----Rr. 4(1)(b)(iv), 5 & 6---Constitution of Pakistan (1973), Art. 212(3)---Dismissal from service---Charge of procurement of appointment on basis of forged and fake Matriculation result card, which too was removed by civil servant prior to its verification----Penalty of dismissal from service imposed by authority was upheld by Service Tribunal---Plea of civil servant was that such false case had been manipulated by Superintendent of the office, who on demanding amount of loan taken from him was annoyed and nourished grudge against him which resulted into his dismissal from service---Validity---Such plea was an after-thought and fabricated as no evidence had been led to substantiate the same---Neither receipt showing payment of loan had been produced nor mentioned that before whom same had been paid---No malice had been alleged against Inquiry Officer, Authorized Officer and Competent Authority, who could not have been influenced by said office Superintendent being a little fry in the organization---Authority had imposed such penalty after considering inquiry report and recommendation of Authorized Officer---Civil servant had no case on merit---Petition for leave to appeal was filed with delay of 2130 days, which could not be condoned in absence of any plausible justification-- Supreme Court dismissed petition being barred by time and meritless.
Rana Liaqat Ali Khan, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for petitioner.
Nemo for Respondents.
Date of hearing: 27th February, 2003.
ORDER
JAVED IQBAL, J.---The petitioner was dismissed from service as a result of disciplinary proceedings initiated against him on account of procuring his appointment as Junior Clerk, on the basis of fake and bogus Matriculation result card which too was subsequently, removed by the petitioner prior to its verification. Being aggrieved a departmental appeal was preferred and after its dismissal the learned Punjab Service Tribunal was approached by means of Appeal bearing No. 18 of 1993 which has also been dismissed.
2. We have carefully examined the entire record and also peruses the judgment impugned. A careful scrutiny of the record transpires that a comprehensive inquiry was got conducted by the Inquiry Officer who found the petitioner guilty and while concurring with the inquiry report the authorized officer recommended imposition of major penalty on the petitioner. The Authority imposed the major penalty of dismissal after having taken into consideration the inquiry report and recommendation of the authorized officer. The plea of petitioner that a false and concocted case was manipulated by the Superintendent, namely Muhammad Sharif who had taken Rs.1500 from him as a loan and subsequently refused to pay the same back and on his insistence he became annoyed and nourished grudge which resulted into his dismissal from service appears to be an afterthought and fabricated as no evidence worth the name could be led to get it substantiated. No receipt was produced showing that a sum of Rs.1500 was given to Muhammad Sharif, Superintendent as loan and no mention whatsoever has been made that before whom the said amount was given to Muhammad Sharif. For the sake of arguments if it is admitted that Muhammad Sharif. Superintendent nourished grudge against him but no malice has been alleged against the Inquiry Officer, Authorized Officer and Authority who could not have been influenced by Muhammad Sharif who was also a little fry in the organization and therefore, the question of false concoction of case does not arise. It is also the case of petitioner that, he was never appointed as Junior Clerk but record negates his version and appointment as Junior Clerk was admitted by the petitioner before the learned Punjab Service Tribunal. He has absolutely no case on merit and besides that this petition for leave to appeal is barred by 2130 days and the delay whereof cannot be condoned without any plausible justification which is lacking in this case.
The petition being barred by time and meritless is dismissed.
S.A.K./A-438/SC Petition dismissed.