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Petitioner: Mst. FIRDOUS BATOOL VS Respondent: EXECUTIVE DISTRICT OFFICERHonorable Justice Khilji Arif HussainMian Muhammad Nawaz,Zaka ur Rehman
[Supreme Court of Pakistan]
Present: Khilji Arif Hussain and Mian Saqib Nisar, JJ
Mst. FIRDOUS BATOOL---Petitioner
Versus
'EXECUTIVE DISTRICT OFFICER and another---Respondents
Civil Petition No. 1992-L of 2010, decided on 22nd June, 2011.
(Against the judgment, dated 21-5-2010 "passed by Punjab Service Tribunal, Lahore in S.A. No.1668 of 2009).
Punjab Employees Efficiency, Discipline and Accountability Act (XII of 2006)---
----Ss. 4 & 5---Punjab Service Tribunals Act (IX of 1974), S.4---Constitution of Pakistan, Art. 212(3)---Reduction in rank from post of Secondary School Teacher to Elementary School Teacher---Dispensing with regular enquiry---Dismissal of appeal by Service Tribunal---Validity---Nature of allegation levelled against appellant required recording of evidence---Supreme Court set aside impugned judgment while observing that Authority, if desired, could hold a fresh inquiry against appellant within specified time.
Mian Muhammad Nawaz, Advocate Supreme Court for Petitioner.
Zaka ur Rehman, Additional Advocate-General for Respondents.
Date of hearing: 22nd June, 2011.
ORDER
KHILJI ARIF HUSSAIN, J.---The petitioner impugns the judgment of the Service Tribunal, whereby his appeal was dismissed.
2. Learned counsel for the petitioner contends that without holding a regular inquiry in respect of alleged charge against the petitioner, major penalty of reduction in the rank from the post of SST to EST has been imposed.
2-A. After arguing the case at some length, learned Advocate Supreme Court for the respondents contended that though a regular inquiry was dispensed with in terms of section 5 of the Punjab Employees Efficiency, Discipline and Accountability Act, 2006, but the nature of the allegations levelled against the petitioner requires a fact finding inquiry and accordingly not supported the judgment impugned.
3. For the foregoing reasons, we are satisfied that the nature of the allegations requires recording of the evidence, therefore, this petition is converted into appeal and the impugned judgment is set aside however the respondent-department, if so desires, can hold a fresh inquiry against the petitioner within four months from the date of this order. Disposed of accordingly.
S.A.K./F-13/SC Appeal accepted.