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2004 PLC (C S.) 687

SHABBIR AHMED vs DEPUTY DIRECTOR (ADMN), DIRECTORATE OF EDUCATION

Citation2004 PLC (C S.) 687
CourtSupreme Court of Pakistan
Case No.Civil Petition No,1682-L of 2001
Date2003-04-28
Judge(s)Javaid Iqbal, Karamat Nazir Bhandari
ResultPetition dismissed

ORDER

' JAVED IQBAL, J.---Pursuant to disciplinary action initiated against the petitioner under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 on account of. Procuring the appointment of SV teacher in violation of prescribed procedure and merit his services welt' terminated vide order dated 9-12-1996. After exhausting the departmental remedies the petitioner approached the learned Service Tribunal by means of appeal which has been rejected.

2. It is mainly contended that the petitioner fulfils the requisite qualifications being MA and more so, that the appointment was made by the Competent Authority strictly in accordance with law and prescribed procedure which has altogether been ignored by the learned Service Tribunal resulting in serious miscarriage of justice. It is also pointed duty that various irregular appointments were regularized but the petitioner has been discriminated and dismissed from service without any lawful justification.

3. We have carefully examined the contentions as agitated on behalf of the petitioner in the light of record made available and perused the judgment impugned. It transpired from scrutiny of the record that in the year 1993, ten vacancies of SV teachers were available and after completion of formalities ten candidates were appointed whereas the petitioner was shown at Sr. No,42 of the merit list who could not have been appointed. The petitioner, however, manoeuvred his appointment by exerting political influence and with the connivance of corrupt elements of the Education Department. There could be no other inference except that his appointment was made in violation of merit. The learned Advocate Supreme Court could not answer the question that as to how the petitioner could have been appointed when admittedly he was at Sr. No,42 of the merit list against ten available vacancies. The petitioner has thus usurped the rights of those who secured better merit position. The selection of the petitioner was in violation of the prescribed procedure and against the merit. No injustice whatsoever has been done. The conclusion as arrived at by learned Service Tribunal being well based does not warrant any interference and besides that no question of law of public importance is involved in the matter on the basis whereof leave to appeal could be granted.

' The petition being meritless is dismissed and leave refused.

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