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2012 PLC (C.S.) 828

MUHAMMAD HUSSAIN and 2 others vs EXECUTIVE DISTRICT OFFICER (HEALTH),

Citation2012 PLC (C.S.) 828
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos. 646-L to 648-L of 2010,
Date2011-05-27
Judge(s)Amir Hani Muslim, Tasaddaq Hussain Jillani
ResultAppeals accepted

ORDER

' TASSADUQ HUSSAIN JILLANI, J.---This order shall dispose of Civil Petitions Nos. 646-L, 647-L and 648-L of 2010 as the issue raised is common and they have challenged a consolidated judgment of the learned Service Tribunal vide which the three 'appeals of the petitioners were dismissed on the ground that their promotion orders as CDC Supervisor and Tehsil Sanitary Inspector dated 14-7- 2007 (in Civil Petition No, 646-L of 2010), dated 25-7-2007 (in Civil Petition No,647-L of 2010) and dated 12-7-2007 (in Civil Petition No, 648-L of 2010) were procured fraudulently. In dismissing the appeals, the learned Service Tribunal inter alia relied on the report of the Inquiry Committee to the effect that during the said inquiry, the petitioners miserably failed to prove that their promotion orders were passed by the Departmental Promotion Committee.

2. Learned counsel for the petitioners seeks leave on the ground that the inquiry got conducted by the respondents was no inquiry in the eyes of law as Members of the Departmental Promotion Committee, which considered the working paper dated '28-8-2006 with regard to the promotion of petitioners, were never examined during the inquiry. She further submits on instructions that the petitioners would be satisfied if a de novo inquiry is held and the Committee to be constituted in this regard should be headed by an officer above the rank of District Coordination Officer, who should examine all the Members of the said Departmental Promotion Committee.

3. Learned Additional Advocate-General submitted that though petitioners have no case and the impugned judgment is unexceptionable, however, since in the inquiry report, it is not clear whether it examined the Members of the Departmental Promotion Committee, to which reference has been made in the working paper dated 28-8-2006, the Government of Punjab is prepared to get the matter inquired into by a committee to be headed by an officer senior to District Coordination Officer.

4. The stand taken by learned counsel for the petitioners and learned Law Officer is fair. In view of the above, these petitions are converted into appeals and allowed and the impugned judgment is set aside. The Secretary Health, Government of Punjab, shall ensure that the Inquiry Committee is constituted in terms of the statement made by learned Law Officer and this inquiry in concluded within 30 days of the receipt of this order. However, it would be open for the petitioners to approach the competent authority in the department to get copies of the service record, if they so require.

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