| Case ID |
f70aacac-a771-4b79-8ef0-c43f518b97b1 |
| Body |
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| Case Number |
Appeal No. 523 of 2005 |
| Decision Date |
Jul 19, 2005 |
| Hearing Date |
Jul 12, 2005 |
| Decision |
The appeal filed by the appellant, Abdul Majeed, was dismissed by the Service Tribunal, Punjab. The Tribunal found that the appellant's appointment as a P.T.C. teacher was fraudulent. Evidence indicated that the appellant created bogus appointment orders under the signatures of the Deputy District Education Officer and committed fraud against the department. The Tribunal concluded that the appellant did not appear on any merit list of selected candidates and had not drawn any salary at his supposed place of posting. The Tribunal upheld the decision to remove the appellant from service, stating that such illegal orders could not grant him any rights to continue in service. The principle of locus poenitentiae was not applicable as the appellant's actions were based on fraud and illegality. The Tribunal emphasized that the appellant's long service did not legitimize his wrongful appointment, and the decision was in line with prevailing case law. |
| Summary |
In the case of ABDUL MAJEED vs. DEPUTY DISTRICT EDUCATION OFFICER and others, the Service Tribunal of Punjab examined the allegations against the appellant regarding the validity of his appointment as a P.T.C. teacher. The Tribunal found that the appellant had committed serious fraudulent acts by preparing bogus appointment orders, which were confirmed by a thorough examination of the department's records. Despite the appellant's claims of a legitimate appointment and subsequent service, the evidence demonstrated that he was never officially posted nor did he draw any salary. The Tribunal referenced previous case law, affirming that appointments based on fraud cannot confer any rights. The decision reinforced the importance of integrity in public service appointments and established a precedent for similar cases of fraud in public employment. The ruling serves as a significant reminder that employment rights cannot be claimed on the basis of fraudulent actions, and it highlights the tribunal's commitment to upholding legal standards and accountability within public service. This case illustrates the legal ramifications of fraudulent employment practices, emphasizing the judiciary's role in maintaining the rule of law in public service. Keywords: Punjab Service Tribunal, fraudulent appointment, public service law, employment rights, accountability. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
MOHAMMAD AFZAL (MEMBER-I)
|
| Lawyers |
Dr. Ehsan-ul-Haque Khan,
Rana Muhammad Yasin,
Sarwar Nadeem AEO H/Q,
Khan Mohammad AEO
|
| Petitioners |
ABDUL MAJEED
|
| Respondents |
2 others,
DEPUTY DISTRICT EDUCATION OFFICER
|
| Citations |
2006 SLD 1744,
2006 PLC 689
|
| Other Citations |
PLD 1992. SC 207,
2000 SCMR 907,
PLD 1998 SC (Pak.) 104
|
| Laws Involved |
Punjab Removal from Service (Special Powers) Ordinance,
Punjab Service Tribunals Act
|
| Sections |
3,
5,
10,
4
|