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Petitioner: SYED AFZAL ALI SHAH VS Respondent: COMMISSIONER OF PUNJAB EMPLOYEES' SOCIAL SECURITY INSTITUTION, LAHORE
2001 P L C (C
2001 P L C (C. S.) 103
[Lahore High Court]
Before Syed Jamshed Ali, J
Syed AFZAL ALI SHAH
versus
COMMISSIONER OF PUNJAB EMPLOYEES' SOCIAL SECURITY INSTITUTION, LAHORE and 2 others
Writ Petition No.20288 of 1998, heard on 24th February, 2000.
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975---
----R.4---Constitution of Pakistan (1973), Art. 199---Constitutional petition-- Termination of services---Services of petitioner were terminated on ground of absence from duty by an officer who himself obtained his appointment on basis of forged and bogus decrees---Officer terminating services of petitioner was himself appointed on forged and bogus decrees and was behind the bar since long---Said officer could not competently act as Authority to impose major punishment on the petitioner under Punjab Civil Servants (Efficiency and Discipline) Rules, 1975---Order terminating services of petitioner was declared to be illegal by High Court.
Zahid Hussain Khan for Appellant. Shabnam Sarwar Ch. for Respondents.
Date of hearing: 24th February, 2000.
JUDGMENT
The petitioner was appointed as Chowkidar in BS. 1 vide order, dated 5-6-1995 passed by the Commissioner, Social Security Institution. His services were terminated vide order, dated 25-7-1997 passed by Dr. Muhammad Bashir, Senior Medical Officer for absence from duty on 16-4-1997, 21-4-1997, 2-5-1997, 21-5-1997 and 11-6-1997. He filed an appeal which was dismissed on 14-9-1998.
2. The learned counsel for the petitioner has contended that the appointment of respondent No.3 was bogus as it had been obtained on the basis of forged degrees 'and forged orders purported to have been passed by this Court and by the Hon'ble Supreme Court of Pakistan. The learned counsel for the respondents has conceded to the factual position and submitted that the said Dr. Muhammad Bashir is behind the bars since long.
3. The fact of the matter is that since the appointment of respondent) No.3 was bogus and based on forged orders, he could not competently act as Authority competent to impose major punishment on the petitioner under the Punjab Civil Servants (E&D) Rules (which have been adopted by the Punjab Employees of Social Security Institution).
4. Resultantly, the writ petition is allowed, the impugned orders are declared to be without lawful authority and of no legal effect. The department shall be at liberty to proceed against the petitioner under the aforesaid E & D Rules. It is being left to the competent Authority as to how the period of absence of the petitioner is to be treated.
H.B.T./A-106/L Petition allowed.