The appellant was serving in the capacity of a Dak Rider in the esteemed office of the District and Sessions Court, Multan, a post he held with utmost dedication and responsibility. During the course of his service, the appellant was alleged to have submitted a medical certificate purportedly issued by a government hospital, which was later declared fake or forged by the department upon verification. Treating the matter as an act of serious misconduct, the competent authority, namely the learned District and Sessions Judge, Multan, proceeded to initiate disciplinary proceedings under the relevant Punjab Civil Servants (Efficiency and Discipline) Rules, 1999, culminating in the imposition of a major penalty of “removal from service” through an ex parte order.
Feeling aggrieved and seriously prejudiced by the said penal action, which not only tarnished the service record of the appellant but also deprived him of his livelihood and future service rights, the appellant engaged the services of Mr. Allah Nawaz Khosa Advocate, a seasoned and highly experienced legal practitioner in service matters. A service appeal was promptly filed before the learned Punjab Service Tribunal, Lahore, challenging the legality, proportionality, and procedural fairness of the impugned removal order.
Mr. Khosa meticulously argued the case, highlighting various legal infirmities, procedural lapses, and mitigating circumstances, including the appellant’s unblemished prior service record, lack of mala fide intention, and denial of a fair opportunity of defense during the inquiry. It was strongly contended that the punishment was disproportionate to the alleged misconduct, and the inquiry proceedings suffered from violations of the principles of natural justice and due process of law.
Upon a careful examination of the record, the Hon’ble Punjab Service Tribunal, convinced of the merits and legal soundness of the appeal, graciously allowed the same and proceeded to set aside the impugned order of removal from service. The Tribunal further ordered the reinstatement of the appellant into service .
