' K.B. ABID (MEMBER-II).--- The appellant Kausar Firdous daughter of Syed Ghous Muhammad Shah was appointed as Arabic Teacher by D.E.O.(W-EE), Bhakkar vide order, dated 28-4-1993. The appellant had performed the duty to the entire satisfaction of the departmental authorities. After 10 years' service, an anonymous complaint, was received and Senior Headmaster H/S Chak No,47 T.D.A. Bhakkar was appointed as Inquiry Officer to proceed against appellant. The Inquiry Officer had prepared the Inquiry Report and recommended for droppage/filing of complaint.
Subsequently, another Inquiry Committee was constituted for probe containing same allegations of bogus appointment. The Committee gave its recommendations that appellant had produced Sanad which is not recognized/authorized by University Grants commission, has no legal value. The Competent Authority after consideration of the Enquiry Report and relevant record, afforded the appellant opportunity of personal hearing but could not satisfy the Authority with solid evidence.
The penalty of dismissal from service was awarded to the appellant vide order, dated 29-7-2004.
The departmental representation was rejected on 28-9-2006.
2. Learned counsel for the appellant has pleaded that the appellant has been dismissed from service after 11 years. The dismissal order and recovery orders are without any regular inquiry. The departmental authorities have violated the provisions of law by adopting shorter procedure and without opportunity of defence. The appellant has been discriminated in the equal circumstances as compared with other Arabic Teachers who are still continuing their services having the same qualifications like that of appellant. The orders passed by the Authority are unlawful and discriminatory.
3. The respondents in comments to the appeal have explained that due to chain of complaints against A.Ts., the E.D.O.(E), Bhakkar had constituted the Checking Committee to verify the testimonials of Arabic Teachers of District Bhakkar. The said Committee had checked the testimonials of appellant and declared her appointment fake and illegal. By keeping in view this report of the Checking Committee, the departmental proceedings against the appellant were held under RSO2000. After observing all formalities, the penalty of dismissal from service was awarded to the appellant. The appellant has been dismissed from service because of fake and illegal appointment due to bogus/ unrecognized Sanad (Certificate) of Shandat-ul-Tajveed-ul-Qirrat issued by Jamia Sirajia Bhakkar and Shandat-ul-Almia Feluloom Arabia awarded by Jamia Rizvia Sardar-ul-Madaris Multan.
4. Record perused. Arguments of the counsel heard. The penalty orders of D.E.O.(E) Bhakkar mentions that the Jamia Rizwia Sardar-ulMadaris was consulted for verification of Sanad and authentification of Idara but no response was received. On the basis of this, the competent Authority had declared the appointment of the appellant as bogus. In case, the Sanad reported in penalty orders was not acceptable then why the appellant was appointed by the then D.E.0 (W-EE).
The appellant has continued to perform her duties since 1993 and departmental proceedings were started on 19-9-2003. The matter remained closed with the department and after the period of about 10 years it was reopened,, on the basis of anonymous complaint. The department on record has not placed any statement of the then D.E.0.(W-EE) about the appointment of appellant and validity of the Sanad. The penalty orders have been passed on the grounds that Sanad furnished by the appellant is bogus. The facts and circumstances indicate that the department had proceeded against the -appellant on the basis of fake and bogus ' Sanad. The departmental authorities have not considered the relevant recruitment and service rules at that time about the recruitment of Arabic Teachers. The U.G.C. In its letter, dated 3-9-2001 has clearly mentioned that Sanad "Shandat-ul-Alimia Filulom at Arabia Wal Islamia of Wafaq-ul-Madaris Arabia Multan is recognized degree. There is no finding or proof from concerned Madrasa of Multan. The departmental authority without verifying facts had dismissed the appellant from service. The orders of departmental authorities are arbitrary. The orders of departmental authorities being incomplete without facts and force of law are set aside. The authorities are directed to conduct regular inquiry. The appellant is reinstated into service. There will be no recovery from appellant.
With these orders, the appeal is disposed of.