MUNIR AHMED CHAUDHARY, J. --- This writ petition has been filed under Section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, through which the orders of suspension and constitution of inquiry committee by the authorities of Board of Intermediate & Secondary Education Mirpur against the petitioner have been assailed.
2. It has been stated in the petition that the petitioner was appointed as Assistant Secretary/Assistant Controller BPS-17 on direct quota by the selection committee of AJ&K Board of Intermediate & Secondary Education, Mirpur on 04.06.2009. The petitioner passed his M.A.
Examination from the University of Sindh Jamshoro in the year 2001. The petitioner's colleagues objected his result card being a forged one. The Assistant Secretary at that time verified the result card from the said University and the same was verified as genuine. Later on, Chairman Ehtesab Bureau started investigation against the petitioner on a false complaint by somebody. The Chairman Ehtesab Bureau wrote a letter to the Chairman Board to inquire into the genuineness of the Master Degree of the petitioner. The Chairman Board suspended the petitioner from his service through an order dated 11,05,2012 and constituted a committee to inquire into the matter, An amendment order regarding constitution of inquiry committee was also made on 15.05.2012. The petitioner stated that the impugned orders are passed without lawful authority and he was not heard. It was prayed to quash all the proceedings initiated by the authorities of the Board of Intermediate & Secondary, Education Mirpur and the Ehtesab Bureau.
3. Respondents No. 1 to 6 and 10 submitted parawise comments, stating therein that the petitioner has get an alternate remedy under chapter 22 Appeal Rules of Calendar Board Volume II to file appeal against the impugned orders. The petitioner has come in the Court with unclean hands and the writ petition was filed mala fidely. The petitioner has not impleaded the inquiry committee in line of the respondents. So, the instant writ petition is not maintainable and liable to be dismissed. It was further stated that on the inquiry by the Ehtesab Bureau, the degree of the petitioner was sent for verification to the concerned University. The same was verified as bogus. The fictitious verification already placed on record of the board issued by the said University was also declared as bogus. The first. Verification was procured by the petitioner himself through underhand means.
The Ehtesab Bureau obtained the petitioner's Master Degree from him and sent that to the University of Sindh Jamshoro for verification. All the proceedings initiated against the petitioner are legal. The petitioner's degree has been found bogus one. So, the petitioner has committed forgery by tendering forged, documents. The inquiry committee has been constituted under law and the petitioner shall be heard properly. It was prayed to dismiss the writ petition in limine.
4. Comments were also submitted by the Ehtesab Bureau, stating therein that the petitioner has got no locus standi to file a writ petition after declaration of his M.A. Degree as bogus by the competent authority. The petitioner got his promotion on the basis of the said bogus degree. So, the instant writ petition is not competent and is liable to be dismissed. The petitioner was called by the authorities of the Ehtesab Bureau, his Master Degree was obtained from him and sent to the University of Sindh Jamshoro for verification. The Controller of the said University declared the said degree as bogus and returned that to the Ehtesab Bureau duly stamped as BOGUS. It was prayed to dismiss the instant writ petition in limine.
5. The petitioner submitted two amendment applications, one on 19.12.2012 and the other on 16.4.2013. And made a prayer to array the members of inquiry committee in the line of respondents.
The other amendments suggested were that three different appeals before the worthy Prime Minister who was the controlling authority of the Board, were filed upon which the worthy Prime Minister sought comments from the board authorities. Secretary of Board submitted comments on behalf of Chairman Board.. Ultimately, the promotion order of the petitioner was cancelled from the date of its issuance. When the matter was already pending before the controlling authority, no proceedings could be conducted against the petitioner at the same time on different forums.
When the controlling authority initiated the proceedings against the petitioner, no other authority of the Board had power to initiate any proceedings against the petitioner. Objections were.
Submitted on the said amendment applications by the respondents, stating therein that the petitioner has admitted this fact that the controlling authority has cancelled his promotion order.
So, the petitioner his availed the alternate remedy . The said appeal before the authority was pending before when the petitioner filed the instant writ petition. The amendment application have been filed only to prolong the matter. The petitioner has got status quo order and still serving on the basis of his bogus degree. The petitioner has got status quo order by misleading the Court. The petitioner cannot change the nature of the writ petition through the proposed amendments. No amendment can be allowed in such writ petition, which has been when alternate remedies were available to the petitioner. It was further stated that the amendment applications have been filed after a long time, which are hit by the doctrine of laches. It was prayed to dismiss the said applications as well.
6. Preliminary arguments regarding the writ petition alongwith the amendment applications were heard. The learned counsel for the parties only repeated the version as taken in the pleadings. The learned for the respondents referred the following precedents in support of his arguments.
1. 1993 SCR 114-370
2. 2001 SCR 447
3. An unreported judgment of this Court titled as Raja Talat Maqsood & others v. Azad Govt. & others.
4. An unreported case titled as Syed Shabbir Ahmed Bukhari v. Chairman Board of Intermediate & Secondary Education, Mirpur decided by the apex Court of AJ&K on 15.06.2012.
7. After hearing the arguments, I have gone through the record and the precedents referred minutely. The record reveals that the petitioner was appointed as Assistant Secretary/Assistant Controller BPS-17 in Board of Intermediate and Secondary Education Mirpur on 4.6.2009. The petitioner submitted his degree of M.A. Political Science obtained from University of Sindh Jamshoro. A letter was sent to Controller Examinations University of Sindh Jamshoro by the Assistant Secretary. (Admin) BISE Mirpur for verification of result card of M.A. Obtained by the petitioner. The said result card was verified by the Assistant Controller Examination University of Sindh Jamshoro vide a letter dated 15.05.2002. Thereafter, a complaint was attended by the Ehtesab Bureau against the petitioner for possessing fake Master Degree, purported to be issued by University of Sindh Jamshoro. The petitioner was called by Ehtesab Bureau. His Master Degree was obtained from him and sent to the said University for verification.
The Controller Examination University of Sindh Jamshoro declared his Master Degree as bogus and returned to Ehtesab Bureau duly stamped as BOGUS. This verification was conveyed to the Ehtesab Bureau through letters dated 3.4.2012 and 08.06.2012. AJ&K Ehtesab Bureau conveyed this verification. To the Chairman BISE Mirpur for taking necessary departmental action against the petitioner and started investigation by itself against the petitioner. The first verification through which result card of the petitioner was verified was also declared bogus alongwith the marks sheet of the result care.
8. The Chairman BISE Mirpur suspended the petitioner and formed an inquiry committee on 11.5.2012. An amendment order regarding formation of the inquiry committee was issued on 15.05.2012, The petitioner was promoted to next grade, which was challenged by this colleagues before the worthy Prime Minister/controlling authority of BISE. After hearing the parties, the controlling authority cancelled the promotion order of the petitioner from the date of issuance on 15.04.2013. It was also ordered to. Take administrative action against the petitioner regarding fake degree.
9. It is an admitted fact that departmental inquiry is under process before the inquiry committee constituted by the Chairman BISE Mirpur and criminal proceedings are also under investigation before AJ&K Ehtesab Bureau. The petitioner has been suspended by the Chairman BISE Mirpur and no final order has been passed against the petitioner yet. If any penalty is imposed against the petitioner, then he has got a right of appeal before the appellate authority of the Board. The petitioner was also entitled to file an appeal against his suspension order before authority of the Board but he did not file the same. It has been held in the precedent 1993 SCR 370 that writ petition lies when there is total absence of jurisdiction but if there is an adequate remedy available then writ petition does not lie. The Ehtesab Bureau has initiated criminal proceedings against the petitioner and the matter is under investigation. It has been held in the precedent 2001 SCR 447 that High Court has no jurisdiction to quash criminal proceedings at the stage of investigation and in exercise of writ jurisdiction, High Court is not competent to assume the role of investigating agency or Trial Court to give verdict as to whether the accused person committed an offence or not? It is also an admitted principle of law that proceedings regarding criminal and civil liabilities can be initiated side by side against the same person.
10. As far the applications for amendment are concerned the petitioner has filed these applications after the objection regarding non-pleading of necessary parties was taken by the opposite side.
The petitioner has suggested amendments regarding arraying the members of inquiry committee of in the line of respondents and the fact that the matter is pending before the worthy Prime'
Minister/controlling authority of the board as well. The petitioner has admitted this fact that the matter before the worthy Prime Minister was only regarding promotion of the petitioner and promotion order of the petitioner has been cancelled from the date of its issuance. The said promotion order is not under consideration before this Court. If the remaining part of amendment is allowed at all, even the. Present writ petition is not maintainable. :