' MUNIR A. SHEIKH, J.---This petition is directed against the judgment dated 26-11-2001 of the Punjab Service Tribunal through which appeal filed by the petitioner against the order of Departmental Authority has been dismissed.
2. Disciplinary proceedings were initiated against the petitioner at the conclusion of which on 24-8- 1999, the Special Secretary, Education (Schools) imposed penalty against him. He filed departmental appeal before the Chief Secretary which was held to be not maintainable, therefore, he filed review petition which was dismissed by the Secretary Education. The petitioner filed appeal before the Service Tribunal challenging the said order of the Departmental Authority, inter alia, on the ground that original order of imposition of penalty passed by the Special Secretary Education (Schools) was without lawful authority for he being a civil servant in Grade-17, Secretary Education was competent authority to pass the order and even if his review petition was placed before the said Secretary who dismissed the same, it will not in any manner remove the legal lacuna as the original order by Special Secretary, Education (Schools) was without lawful authority.
3. Learned Advocate-General, Punjab was issued notice to assist the Court. Special Secretary, Education (Schools) was also summoned who is present.
4. Both learned Advocate-General and Special Secretary, Education (Schools) say that at the relevant time and even now, in respect of officers up to Grade-17, the Education Secretary who is Head of the Department is the competent authority to pass order, therefore they have no objection if the case is remanded for further proceedings from the stage, when on 24-8-1999, order was passed by the Special Secretary, Education (Schools) to be dealt with by the competent authority.
5. For the foregoing reasons, this petition is converted into appeal, judgment dated 26-11-2001 of the Punjab Service Tribunal alongwith the order dated 24-8-1999 of the Special Secretary, Education (Schools) of imposition of penalty on petitioner and order dated 2-1-2001 of respondent No,1 dismissing his review petition are set aside and the case is remanded to the department concerned for further proceedings by the competent authority in accordance with law.
' No orders as to costs.