| Case ID |
0ff673ad-f533-454f-96d5-e0203d2299be |
| Body |
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| Case Number |
422/308 of 1983 |
| Decision Date |
Feb 27, 1984 |
| Hearing Date |
|
| Decision |
The Service Tribunal accepted the appeal of Mrs. Nasim Qureshi and quashed the disciplinary proceedings initiated against her by the Education Department. The Tribunal found that the Education Department had no jurisdiction to take action against her, as the Evacuee Trust Properties Board had already determined there was no concealment regarding the property in question. The Tribunal noted that the appellant had complied with the orders of the Education Department and that the allegations of fraudulent behavior were unfounded. Consequently, the Tribunal set aside all orders related to the inquiry and any notices issued under the Efficiency and Discipline Rules. |
| Summary |
In the case of Mrs. Nasim Qureshi, the Service Tribunal addressed allegations of misconduct related to her role as Headmistress of a nationalized school. The primary issue revolved around the ownership of the school building and whether she had concealed any information regarding its ownership. The Tribunal highlighted that the Evacuee Trust Properties Board had already adjudicated on the matter, finding no concealment by the appellant or her mother, who was also a teacher at the school. The Tribunal emphasized the lack of jurisdiction of the Education Department in initiating disciplinary action under the circumstances. The decision reinforces the importance of following due process in administrative actions against civil servants and underscores the binding nature of determinations made by the Evacuee Trust Properties Board. This case illustrates the complexities of property rights and disciplinary proceedings in the context of public service, emphasizing the need for clarity in jurisdictional authority. The outcome serves as a precedent for future cases involving similar allegations and administrative actions. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
S. ABDUL JABBAR KHAN,
ABDUL HAMID CHAUDHRY
|
| Lawyers |
Muhammad Rashid Malik,
A.G. Humayun
|
| Petitioners |
Mrs. NASIM QURESHI
|
| Respondents |
SECRETARY TO GOVERNMENT OF PUNJAB, EDUCATION DEPARTMENT,
Director Public Instructions (Schools) Punjab, Lahore
|
| Citations |
1985 SLD 2413
|
| Other Citations |
P L D 1959 Kar. 164,
P L D 1952 Lah. 31,
P L D 1954 Lah. 687
|
| Laws Involved |
Evacuee Trust Properties (Management and Disposal) Act, 1975,
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975,
Punjab Service Tribunals Act, 1974
|
| Sections |
22,
14,
4
|