Tersely stated, the facts of the case are that EDO Education, Gujranwala proceeded against the appellant through a show-cause Notice No, 1237/M-Cell dated 16.2.2015 on the following charges: "As per reported by the DEO (SE), Gujranwala, 1-student (Bio) appeared in SSE part 1 Examination 2014 and passed 0 student; hence your result reflect 0% which shoed your very poor performance; hence your committed the following charges:
1. Misconduct
2. inefficiency
3. lake of interest in teaching work
4. poor performance.
The appellant contested said charges and stated that during the days of examination the student remained ill and could not make preparation. The appellant annexed medical record of the student and also annexed application of her mother. The appellant explained in her reply that in other subjects namely general science, general maths, said student obtained 95, 84 and 47 marks respectively but EDO Education, Gujranwala penalized the appellant with the penalty of withholding of three annual increments of 2012, 2013 and 2014 under the PEEDA Act, 2006 vide impugned order dated 28.2.2015. Departmental appeal of the appellant remained abortive and was dismissed by the DCO, Gujranwala vide impugned order dated 8.7.2015, hence this appeal.
2. Arguments heard and record perused.
3. The impugned order dated 28.2.2015 as passed by the EDO Education, Gujranwala reflects that he has not considered the explanation given by the appellant. Likewise, the appellate authority could not record the findings in respect of the version of the appellant. The defence version of the appellant in response to show-cause notice was supported by mother of the student namely Hifza Kalsoom. The mother of said student through written application mentioned that her daughter was failed in Bio for the reasons that she was suffering from kidney pain. She also produced the medical certificates. The failure of the student Hifza Kalsoom in paper of Biology was on account of her ailment as disclosed by her mother in the application, therefore, allegations as contained in the show-cause notice are unfounded and have no legs to stand. Therefore, appeal is accepted and impugned orders are set aside.