' S. ABDUL JABBAR KHAN (CHAIRMAN).-MiSS Irshad NUMB the appellant has filed this appeal under section 4 of the Punjab Service Tribunal Act, 1974 against the order dated 5th January, 1980 by which she was dismissed from service on the charge of misconduct. By virtue of this appeal she has prayed that the impugned order may be set aside and she may be re-instated in service.
2. Brief facts of the case are that while she was working as Middle untrained Teacher at Chak No, 119/6R, Tehsil Haroonabad, District Babawalnagar, an enquiry was conducted against the appellant by the Assistant Education Officer on the charge that she being untrained Middle Teacher secured admission in the P.T.C. On the ground that she was Matriculate whereas she was not. The Enquiry Officer concluded that this was not the state of affairs and Miss Irshad Parveen was admitted in the P.T.C. Not on the basis of a forged certificate but otherwise. Second enquiry was again launched by the D. E.
0. Which concluded on 3rd June, 1979 and which also resulted in her favour, Later on the appellant was dismissed from service on this very charge. An appeal was filed by her before the Director of Education and the same was disposed of. As rejected. Hence this appeal.
3. We have heard the learned counsel for the appellant as well as the District Attorney assisted by the Representative of the Department and have perused the record of this case carefully with their assistance. Miss Irshad Parveen has been dismissed from service on the charge that she produced a bogus Matriculation Certificate at the time of admission in the P. T. C. Class during the year 1972- 73 in the Government Girls High School, Haroonabad. This action has been taken against her vide the impugned order under the E & D Rules, 1975. The learned counsel for the appellant has submitted that there is nothing on the record to show any where that the appellant ever produced a certificate of that nature to seek admission in the P. T. C. Class. He has vehemently challenged the Respondent to show that this certificate has been placed anywhere on the record of this case and that the same has been proved to be bogus. For this purpose we have consulted the record as well as asked the Respondent's Representative to deny the assertion of the appellant's counsel. We do not find any such certificate on the record and also find that the respondent's Representative could not deny this assertion. The best evidence in this case against the appellant would have been her own application for admission containing an assertion that she was a Matriculate and therefore eligible for such admission in the P.T.C. We have again satisfied ourselves from the record that there is no such document of this nature which could bind down the appellant and connect her directly with the misconduct. The learned counsel for the appellant has also taken us through the two enquiries conducted by two different officers and it is absolutely clear from the result of both the enquiries that Miss Irshad Parveen never committed any such forgery nor was ever guilty of securing admission in the P. T. C. On the pretext of a bogus Matriculation Certificate. It has been clearly stated by both the officers who made a thorough probe into the matter that she was Middle Untrained Teacher and offered herself as such for admission to the P.T.C. When she had completed one year's service as Untrained Teacher in a Primary School. It is also established on the record that she passed her P.T.C. In 1973 and continued teaching as P.T.C. Teacher up to 5th January 1980.
4. After being apprised of this factual position supported by two Enquiry Officers who were deputed to probe into this allegation which has resulted in the dismissal of the appellant, we are at loss to understand how unilateral action was taken by the Deputy Directress (Schools) which resulted in the appellant's dismissal by the District Education Officer, Bahawalnagar. The record of this case further reveals that the order of dismissal dated 5th January 1980 was passed without serving any notice to the appellant and without providing any opportunity of being heard. The same performance has been repeated by Respondent No, 2 while disposing of the appeal of the appellant. This method of punishing the delinquents and disposing of their appeals is unwarranted in law and is a flagrant violation of recognized dictum of audi alteram partem.While reading the Enquiry reports we find that both these enquiries were initiated at the instance of certain interested persons and were the outcome of internal wranglings among the teaching class. One cannot rule out the plea of the appellant that she was a victim of circumstances created against her by her superiors However, we will not consider this plea as effective for the conclusion of this case, as the plea of malice has to be established in most unequivocal terms directly connecting the competent authority with some animus against the appellant.
' In the light of the above discussions we are of the considered opinion that the dismissal of the appellant has been effected against the principle of natural justice as well as against the facts of the case. The authorities taking action against her were in no way justified to hold that she had got admission in the P.T.C. Class by producing a bogus Matriculation certificate. Our finding is that she entered the P.T.C. Class absolutely with clean hands without concealing her qualification or misleading the authorities in any manner. The result is that we set aside the impugned order as absolutely unjustified and of no legal effect. Miss Irshad Parveen shall be re-instated in service from the date of her removal as if she had never been removed and entitled to all the consequential benefits. However, there will be no orders as to the costs.