MUNIR A. SHEIKH, J.-- The petitioner was appointed as Forester on 6.10.1987. The appointment order of the petitioner reveals that on arrival after completing the training in the Punjab Forest School, Bahawalpur as a secondary Forester Student, he was appointed. This appointment order was passed by Rao Khalid Mehmood, Divisional Forest. Officer, Layyah, Forest Division, Layyah. He continued in service for about 11 years when he was dismissed from service on the allegation that he had submitted forged matriculation certificate in which he had shown himself to have passed the said examination with 2nd division but in fact, he had passed by same in third division. Mr. Ejaz Mehmood Khan, Administrator Forest Layyah (North) Division Layyah imposed penalty of dismissal from service on the petitioner and a direction was made to recover an amount of Rs. 21950/- as damages as arrears of land revenue. This order was passed on 11.4.1997, against which order the petitioner filed departmental appeal before the Conservator of Forest D.G. Khan Forest Circle D.G.
Khan which was accepted through order dated 5.7.1997. The penalty of dismissal from service was set aside and by taking a lenient view, the recovery of an amount of Rs. 21975/- as ordered as damages was maintained.
2. The petitioner as a consequence of this order was reinstated in service and continued till 6.9.1998 when the Divisional Forest Officer, Layyah again issued show cause notice on the same allegation that the petitioner had obtained appointment on the basis of forged matriculation certificate showing himself as having passed the said examination in second division. It was contested by the petitioner on the ground that he had already been exonerated from the said allegation and reinstated in service earlier by the higher departmental authority, therefore, the case could not be reopened. However, through order dated 25.4.1998, the petitioner was dismissed from service by the DFO. It was directed that the entire salaries paid to the petitioner during the entire period of his service should be recovered from him. Against this, the petitioner made departmental appeal which was dismissed by the same Conservator of Forest namely Rao Khalid Mehmood on 17.1.2000 who earlier on acceptance of his appeal had ordered his reinstatement. The petitioner feeling aggrieved, filed appeal before the Service Tribunal which has been dismissed through the impugned judgment dated 2.5.2001 against which leave is sought.
3. Keeping in view that a short point was involved which could be determined by making reference to the documents, we issued notice to the respondent. Ch. Nazir Ahmad, ASC, has appeared on behalf of the respondent and has been heard.
4. Once the petitioner earlier had been exonerated from-the allegation of committing forgery in the matriculation certificate and reinstated in service by the Conservator of Forest who fortunately was the same officer who had now passed the second order on his departmental appeal, the matter could not be reopened as the same had become past and closed transaction. The second show cause notice on the, same ground that the petitioner had forged matriculation certificate to show that he had passed the same in second division whereas he was a third divisional could neither be issued nor fresh disciplinary proceedings initiated for the considerations as the qualification of 2nd division shall be deemed to have been waived or dispensed with earlier by the Conservator of Forest considering that he was a matriculate. The petitioner was appointed after having cleared departmental examination in-forest school.. The second show cause notice was absolutely without lawful authority..
5. For the foregoing reasons, this petition is converted into appeal, the same is accepted, judgment dated 2.5.2001 of the Service Tribunal and order of the DFO dated 25.4.1998 and of Conservator Officer dated 17.1'.2000 are hereby set aside and the show cause notice issued to the appellant on 6.4.1998 is hereby declared to be without lawful authority and discharged. The petitioner is reinstated in service with all back benefits who shall be paid salaries and other dues from the date of his dismissal from service which he would have recovered had he not been dismissed.