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2010 SCMR 240

KHURSHID ALAM vs E.D.O. (EDUCATION) SKP and another

Citation2010 SCMR 240
CourtSupreme Court of Pakistan
Case No.Civil Petition No,1239/L of 2009
Date2009-08-21
Judge(s)Sayed Zahid Hussain, M. A. Shahid Siddiqui, Tasaddaq Hussain Jillani
ResultLeave granted

ORDER

' TASSADUQ HUSSAIN JILLANI, J.--- Petitioner who was serving as Elementary English Teacher was proceeded against departmentally which culminated in the award of major penalty' of removal from service. The charge against him primarily was that he joined as E.E.T. In Government Primary School. Mandianwala, Tehsil Sharqpur in February, 1997 although his posting was at Wahgray.

2. The learned counsel for the petitioner submits that he had joined the duty at Mandianwala pursuant to a direction issued by the competent authority; that he served there for almost ten years without any complaint whatsoever; that he drew salary against the said post and it was not tenable in law to proceed against him on the afore-referred ground. Adds that no senior official with whose consent he worked there was proceeded against on charges of misconduct.

3. Having heard petitioner's learned counsel at some length, leave is granted, inter alia, to consider whether the charge of misconduct could have been said to have been proved notwithstanding the fact that for a period of ten years neither the competent authority nor the Drawing and Disbursing Officer raised any objection to the said posting.

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