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Petitioner: FAZAL AHMAD NASEEM GONDAL VS Respondent: REGISTRAR, LAHORE HIGH COURTHonorable Justice IJAZ-UL-HASSAN KHANM. Zakria Sh.,Qazi M. Amin
2008 PLC (C
2008 PLC (C.S.) 1156
[Supreme Court of Pakistan]
Present: Abdul Hameed Dogar, C. J., Ijaz-ul-Hassan Khan, Muhammad Qaim Jan Khan and Ch. Ejaz Yousaf, JJ
FAZAL AHMAD NASEEM GONDAL
Versus
REGISTRAR, LAHORE HIGH COURT
Civil Appeals Nos.53, 54, 55 and 56 of 2008, decided on 29th April, 2008.
(On appeals from the judgments, dated 28-9-2007 passed by the Punjab Subordinate Judiciary Service Tribunal, Lahore High Court, Lahore in S.A. Nos.49 of 2002, 17 of 2004, 11 of 2005 and 13 of 2005).
Punjab Civil Servants (Efficiency and Discipline) Rules, 1999---
----Rr. 3(b)(c) & 4,--Punjab Subordinate Judiciary Service Tribunal Act (XII of 1991), S.4---Constitution of Pakistan (1973), Art.212(3)---Civil Judge-cum-Judicial Magistrate--Dismissal from service---Charges of misconduct and corruption---Dismissal of appeal by Service Tribunal---Plea of Civil Judge that he had 25 years' unblemished service at his credit without any complaint; that charges levelled against him were false; and that he was condemned unheard---Validity---While giving his findings, Inquiry Officer had considered reference sent by District and Sessions Judge, Resolution of District Bar and adverse remarks recorded in A.C.Rs. of Civil Judge, statements of prosecution witnesses and other material on record---Twenty one transfer applications containing allegations of corruption were made against Civil Judge .during his posting at place "R"---President and other members of District Bar at place "R" had been complaining against integrity and reputation of Civil Judge---Civil Judge in three transfer applications was accused of having flouted orders of District Judge and announced judgments despite stay orders of Appellate Court---Civil Judge had failed to clarify his position even though he had attended proceedings before Inquiry Officer and cross-examined witnesses---Supreme Court dismissed appeal filed by Civil Judge.
Samiuddin Qureshi v. Collector of Customs PLD 1989 SC 335 and S.M. Tufail Ahmad v. Kafiluddin Ahmad and others 1986 PLC (C.S.) 393 ref.
M. Zakria Sh. Advocate Supreme Court for Appellant (in all Appeals).
Qazi M. Amin, Additional Advocate-General Punjab and M. Akram, D.R. (Conf.) Lahore High Court for Respondent (in all appeals).
Date of hearing: 29th April, 2008.
JUDGMENT
IJAZ-UL-HASSAN KHAN, J.--- The above captioned appeals, with leave of the Court, have been filed by Fazal Ahmed Naseem Gondal, appellant, against judgments, dated 28-9-2007 passed by the Punjab Subordinate Judiciary Service Tribunal, Lahore High Court, Lahore, challenging appellant's dismissal from service as well as adverse remarks recorded in his annual confidential reports.
2. Relevant facts. giving rise to the filing of instant appeals are, that appellant joined Police Department on 2-10-1979 as Prosecutor and served the Police and Law Department for about 7 years. On 24-1-1987 appellant was inducted in the Punjab Subordinate Judiciary. Appellant while serving as Civil Judge-cum-Judicial Magistrate, Rajanpur, was served with a charge-sheet for `misconduct' and `corruption' within the purview of Rule 3(b) and (c) of the Punjab Civil Servants (Efficiency and Discipline) Rules, 1999. Regular inquiry was conducted and the Inquiry Officer found charges of `misconduct' and `corruption' proved against the appellant, recommended imposition of major penalty of dismissal from service and issued notice to appellant to offer his explanation against the proposed penalty. The appellant filed reply. After providing him opportunity of personal hearing, the Authority dismissed appellant from service. The appellant filed departmental review/representations which remained unresponded. The appellant, feeling aggrieved, preferred appeals before the Punjab Subordinate Judiciary Service Tribunal, Lahore High Court, Lahore. Service Appeal No.17 of 2004 challenging dismissal of the appellant from service has been dismissed on merit, whereas Service Appeals Nos.49 of 2002, 11 of 2005 and 13 of 2005, concerning expunction of adverse remarks in his annual confidential reports, have been disposed of as having become infructuous vide impugned judgments.
3. We have heard Mr. Muhammad Zakria Sh., learned Advocate for the appellant and Qazi Muhammad Amin, learned Additional Advocate-General, Punjab, for the respondent, in the light of the material on the file.
4. Learned counsel for the appellant mainly contended that major penalty of dismissal from service has been imposed upon the appellant in total disregard to the fact that appellant has 25 years unblemished service to his credit and without any complaint, whatsoever, from any quarter. The learned counsel reiterated that the evidence on record has not been appreciated in its true perspective and appellant has been found guilty of `misconduct' and `corruption' without any solid ground, resulting in complete failure of justice. To substantiate the contentions, reliance has been placed on Samiuddin Qureshi v. Collector of Customs PLD 1989 SC 335 and S.M. Tufail Ahmad v. Kafiluddin Ahmad and others 1986 PLC (C.S.) 393.
5. Learned Additional Advocate-General, Punjab, on the other hand, supported the impugned judgment, whole heartedly and prayed for its sustenance.
6. A perusal of the record would reveal, that the Inquiry Officer, while giving his findings has taken into consideration the reference sent by the District and Sessions Judge, Rajanpur, Resolution of District Bar, Mianwali, adverse remarks recorded in the annual confidential reports of the appellant, and the statements of prosecution witnesses and other material on the file. It may be pertinently mentioned here that during appellant's posting at Rajanpur, from July, 2002 till he relinquished the charge, twenty-one transfer applications containing serious allegations of corruption were moved against the appellant. The President of District Bar, Rajanpur and other members of the Bar had been complaining against the integrity and reputation of the appellant. In three transfer applications, the appellant was accused of having flouted the orders of the District and Sessions Judge, Rajanpur and announced the judgments/orders despite stay proceedings by the Appellate Court.
7. It stands established from the material on record that fair and proper inquiry was conducted and appellant was afforded full opportunity of personal hearing to clarify his position but he failed to do so. Learned counsel for the appellant has not been able to point out any illegality or irregularity in the mode and manner of inquiry proceedings.
8. Adverting to the objection that the appellant has been condemned unheard, it holds no ground because the appellant attended the proceedings before the Inquiry Officer and also cross-examined the witnesses produced in the case.
9. In view of the above, we find no merit in these appeals, which are hereby dismissed, with no order as to costs.
S.A.K./F-8/SC Appeals dismissed.