Full Judgment Text & Judicial Ruling

2010 P L C (C

2010 P L C (C.S.) 840

[Supreme Court of Pakistan]

Present: Tassaduq Hussain Jillani, Sayed Zahid Hussain and Mahmood Akhtar Shahid Siddiqui, JJ

KHURSHID ALAM

Versus

E.D.O. (EDUCATION) SKP and another

Civil Petition No.1239-L of 2009, decided on 21st August, 2009.

(Against the judgment of the Punjab Service Tribunal dated 6-4-2009 passed in Appeal No.380 of 2008)

Constitution of Pakistan (1973)---

----Art. 212(3)---Misconduct---Removal from service---Charge against civil servant was that he joined as teacher in the Government school at place "M" in 1997 although his posting was made at place "W"---Contentions of the petitioner were that he had joined the duty at place "M" pursuant to a direction issued by the competent authority; that he served there for almost ten years without any complaint whatsoever; that he drew salary against the said post and it was not tenable in law to proceed against him on the said charge and that no senior official with whose consent he worked there was proceeded against on charges of misconduct---Leave to appeal was granted to the civil servant by Supreme Court, inter alia, to consider whether the charge of misconduct could have been said to have been proved notwithstanding the fact that for a period of ten years neither the competent authority nor the Drawing and Disbursing Officer raised any objection to the said posting.

Mian Mehmood Hussain, Advocate Supreme Court for Petitioner.

Nemo for Respondents.

ORDER

TASSADUQ HUSSAIN JILLANI, J.---Petitioner who was serving as Elementary English Teacher was proceeded against departmentally which culminated in the award of major penalty of removal from service. The charge against him primarily was that he joined as E.E.T in Government Primary School Mandianwala, Tehsil Sharaqpur in February, 1997 although his posting was at Wahgray.

2. The learned counsel for the petitioner submits that he had joined the duty at Mandianwala pursuant to a direction issued by the competent authority; that he served there for almost ten years without any complaint whatsoever; that he drew salary against the said post and it was not tenable in law to proceed against him on the afore-referred ground. Adds that no senior official with whose consent he worked there was proceeded against on charges of misconduct.

3. Having heard petitioner's learned counsel at some length, leave is granted, inter alia, to consider whether the charge of misconduct could have been said to have been proved notwithstanding the fact that for a period of ten years neither the competent authority nor the Drawing and Disbursing Officer raised any objection to the said posting.

H.B.T./K-13/SC Leave grante

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