1. ' TANVIR AHMED KHAN, J---Leave to appeal is sought against the judgment dated 10-6-2002 whereby the Punjab Service Tribunal, Lahore (hereinafter referred to as the Tribunal), partially accepted the appeal filed by the respondent and reduced his penalty of withholding of increment from two years to one year. The recovery of Rs,19,553/50 from the respondent was also set aside.
2. ' The facts briefly narrated for the disposal of this petition are that a charge-sheet was issued to the respondent on 22-4-2000 to the effect that while being posted as Deputy District Education Officer, Tehsil Chishtian, District Bahawalnagar, he made fake and bogus appointments of teachers which resulted in the loss of Rs,3,14,164 to the national exchequer on account of salaries. The respondent immediately through his letter dated 6-5-2000 requested the department that the charges framed against him were vague and general in nature and he be informed of specific allegation of making so-called fake appointments of teachers in a wrongful manner enabling him to submit his reply. The petitioner department informed the respondent that he appointed one Muhammad Raza vide order dated 7-12-1996 beyond his competence. The respondent replied and ultimately the Competent Authority through its letter dated 26-4-2001 imposed the penalty of withholding of his one increment for two years and also directed for recovery of Rs,19,553/50 which were illegally disbursed to said Muhammad Raza.
3. ' The respondent filed an appeal against the above order before the Tribunal, which has been partially allowed in the terms stated in the opening paragraph through its judgment dated 10-6- 2002, impugned herein. Hence, this petition for leave to appeal.
4. 'We have considered the contentions advanced by the learned counsel for the petitioners and have gone through the entire documents appended with this petition. It is reflected from the perusal thereof that aforesaid Muhammad Raza was son of a teacher who died during service. He applied for the post of P.T.C. Teacher on general quota as well as being teacher's son. The Tehsil Recruitment Committee illegally on flimsy ground ignored him in spite of the fact that he was at serial No,1 of merit list on the teachers' sons' seats and at serial No,8 on the general list. Said Muhammad Raza made a representation whereupon the Director of Education, Bahawalpur Division, Bahawalpur, directed the respondent on 3-12-1996 to adjust him and regularize his appointment. Apart from this, it is manifest from the impugned judgment that there were directions from the then Chief Minister as well as from Governor's House recommending adjustment of aforesaid Muhammad Raza. The learned Tribunal has rightly concluded that the respondent, though has acted beyond his competence and has not condoned his above act, but taking stock of all the aforestated features of the case into consideration, recovery of the above amount has been set aside on the 'ground that the appeal of Muhammad Raza against his removal was also set aside through different order by the Tribunal. In this background, no illegality has been committed by the Tribunal in waiving the recovery of aforesaid amount when removal of said Muhammad Raza has been set aside. Even otherwise, no point of law of general public importance as contemplated under Article 212(3) of the Constitution of the Islamic Republic of Pakistan, 1973, is involved in the case in hand.
5. ' Resultantly, for what has been stated above, the instant petition being devoid of any merit is hereby dismissed and .