| Case ID |
ffe0893c-883d-46da-9b92-b51290f0f4dc |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No.4012-L of 2001 |
| Decision Date |
May 14, 2003 |
| Hearing Date |
May 14, 2003 |
| Decision |
The Supreme Court dismissed the petition and refused leave to appeal. The court found that the factum of fraud and forgery was a question of fact determined by the authority based on the relevant record, which was affirmed by the Service Tribunal. The Competent Authority had the discretion to dispense with holding a regular inquiry under R.6 of the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975. The allegations against the petitioner were proved based on documentary evidence, making a regular inquiry unnecessary. The court concluded that no question of law of public importance was involved and thus, leave to appeal was refused. |
| Summary |
In the case of Mst. Samina Nazeer vs. District Education Officer (W), Khanewal and others, the Supreme Court of Pakistan reviewed a petition for leave to appeal against the judgment of the Punjab Service Tribunal. The case revolved around the termination of a civil servant's employment without a regular inquiry under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975. The civil servant, whose name was not included in the merit list, was accused of submitting a fake transfer order and joining report. The allegations of fraud and forgery were determined by the authority and upheld by the Tribunal. The petitioner contended that without a regular inquiry, the termination was unjust. However, the court found that the Competent Authority had the discretion to dispense with such an inquiry if the allegations were proved through documentary evidence. The court emphasized that there was no question of public importance involved in the matter, and dismissed the petition, refusing leave to appeal. This decision highlights the court's stance on the discretion of authorities under the Efficiency and Discipline Rules and the significance of documentary evidence in disciplinary proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Supreme Court of Pakistan,
Punjab Service Tribunal
|
| Judges |
JAVED IQBAL,
FALAK SHER,
KARAMAT NAZIR BHANDARI
|
| Lawyers |
Ch. M.S. Shad
|
| Petitioners |
Mst. SAMINA NAZEER
|
| Respondents |
DISTRICT EDUCATION OFFICER (W), KHANEWAL and others
|
| Citations |
2004 SLD 1476,
2004 PLC 371
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975,
Constitution of Pakistan (1973)
|
| Sections |
Rr.4(1)(b)(iv) & 6,
Art.212(3)
|