' IFTIKHAR MUHAMMAD CHAUDHRY, J.--- This petition has been filed against the judgment, dated 13- 10-2003 passed by the Chairman of Punjab Service Tribunal, Lahore. Concluding paragraph of the impugned judgment is reproduced herein below:--- "Keeping all the facts in juxta-position we are of considered view that the case in its entirety requires reconsideration. We, therefore, accept all the appeals set aside the order imposing penalties by the authority dated 12-8-2001, directing reinstatement of the appellants in service, the intervening period between dismissal from service and reinstatement to be considered as leave of the kind due. The matter would once again be thrashed through a de novo inquiry to be held by two Chief Engineers of independent repute and integrity who shall examine the complete record along with the defence to be taken by the appellants where after the report shall be submitted to the authority through a detail and comprehensive reasoning for arriving at whatever conclusions the committee deems necessary in accordance with the evidence recorded by them. The report,dated 4-10-2003 presented today before the Tribunal shall become part of the file."
2. Learned counsel for the petitioner contended that as far as the report, dated 4-10-2003 is concerned, it was produced before the Tribunal during hearing therefore, on the basis of the same the learned Service Tribunal may have not remanded the case of the appellant for fresh inquiry.
We are afraid the contention so raised by him has no force because the learned Chairman after having examined the case of the appellant as well as determining the controversy in depth has opined that an independent Inquiry Committee consisting of two Chief Engineers of independent repute and integrity who shall examine the complete record along with the defence to be taken by the appellant whereafter the report shall be submitted to the Authority for adjudication.
3. Thus, in our opinion impugned judgment passed by the Punjab Service Tribunal is just and proper and no interference is called for by this Court in exercise of jurisdiction under Article 212(3) of Constitution of the Islamic Republic of Pakistan, 1973.
' For the foregoing reasons, petitions are dismissed. However, the department is directed to proceed against the respondent and complete the inquiry expeditiously as early as could be possible.