AMIN-UD-DIN KHAN, J. --- Through this Constitutional petition, the petitioner has challenged the show-cause notice dated 9.7.2012, issued by the Deputy District Education Officer (W), Tehsil, Haroonabad, District Bahawalnagar wherein it has been informed to the petitioner that her appointment letter No. 1128-30, dated 2.3.2007, issued by the District Education Officer (W), Bahawalnagar, which was got verified through letter No. 2463, dated 3.7.2012, issued by the DEO (W), Bahawalnagar, has been found bogus. She was, therefore, directed to produce the proof of her valid appointment letter/order.
2. The learned counsel for the petitioner states that the petitioner was appointed as Elementary School Educator and posted at Govt. Girls Primary School, Behram Sar, Tehsil Minchinabad, District Bahawalnagar, vide order Endst. No. 1128-30, dated 2.3.2007. She joined the duty on 3.3.2007 and thereafter her services were regularized w.e.f. 23.12.2009, vide order No. 2174- 83, where the name of the petitioner stands at Sr. No. 102 of the list of the regularized Educators. The learned counsel for the petitioner further states that some inquiries were conducted with regard to the bogus appointments in the district and in the inquiry conducted by Mrs. Asia Nazir, as Chairman of the Inquiry Committee/Principal, Govt. Girls Higher Secondary School, Dahranwala and Sh. Asghar A.I, Senior Headmaster, Model High School, Minchinabad as Member reported through letter No. 1165, dated 17.7.2008 various appointments of the teachers to be bogus ones, whereas in para No. 3 of the inquiry report the appointment of the petitioner and one Amiran Bibi were declared to be valid ones. Learned counsel submits that today the respondent/department is pressing upon this inquiry report for the removal of the persons against whom it is reported that their appointments were found bogus, astonishingly when in the said inquiry the appointment of the present petitioner has been declared to be valid and proper despite that without any lawful justification she has been issued the impugned show-cause notice, which is absolutely against law, the record of the respondents and without any substance. The learned counsel submits that the respondents could not produce in their report and parawise comments anything against the petitioner. He further submits that when the respondents are relying upon the said inquiry report in every case they cannot ignore the part of that inquiry report wherein the petitioner's appointment has been found and declared a valid one.
3. On the other hand, the learned AAG states that the respondents have given a valid show-cause notice to the petitioner. Further states that against the appointing authority proceedings under the Punjab Employees Efficiency, Discipline & Accountability Act, 2006 have been initiated and the same are under progress. Submits that no case for interference by this Court has been made out.
4. I have heard the learned counsel for the parties at length and have also perused the record annexed with this petition as well as produced by the official/respondents.
5. Astonishingly, in the inquiry report the appointment of the petitioner has been declared to be valid and proper but despite that without any lawful justification the impugned show-cause notice has been issued to the petitioner, which is absolutely against the law, record of the respondents and without any substance. Further without any reason or cause no fresh inquiry can be initiated till the time the previous inquiry is not set aside or declared by the competent forum to be null and void. Reliance in this placed on the case of Administrator Pakistan Defence Officers Housing Authority Karachi v. Ghulam Mustafa Khan and another (2011 SCM R 480). In this case even no fault has been assigned to the petitioner. The respondents in every case are referring previous inquiry report and they accept it to be true. When in the said inquiry report the appointment of the petitioner has been declared a valid one, how the respondents can blow hot and cold in the same breath. In this view of the mater, the impugned show-cause notice, issued to the petitioner has no substance and the same is declared to be issued without lawful authority and having no legal effect. This writ petition is allowed in the above terms. .