MUHAMMAD SHABBIR AHMED MINHAS vs LAHORE HIGH COURT Dismissal/major penalty awarded to Judicial Officer

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MUHAMMAD SHABBIR AHMED MINHAS VS LAHORE HIGH COURT Dismissal/major penalty awarded to Judicial Officer---Impersonation and cheating---Appellant/Civil Judge cum Judicial Magistrate had been awarded major penalty, i.e. dismissed from his post---Allegation was made by Chairman Education Board of relevant Division that appellant had appeared in intermediate examinations held in 1987 and 1988 in place of his elder brother; that in his capacity as Civil Judge, appellant had stamped for attestation of the copies of National Identity Card and Intermediate examination result card appended with the application of his brother for obtaining duplicate copy of result card---Appellant denied the said charges, however, he admitted that he attested the result card---Inquiry Officer/District Judge submitted report concluding that all the charges stood proved---After providing to the appellant with opportunity of personal hearing, major penalty was imposed and departmental appeal /review was dismissed---Appellant contended that allegation was not sufficiently proved; that alleged impersonation belonged to period much prior to the appellant's appointment as judicial officer, hence the disciplinary proceedings were invalid and that inquiry proceedings were concluded much beyond the period stipulated under the law---Validity---Department examined 07 witnesses---Appellant's brother was examined who admitted that photographs affixed on the admission form were not his photographs---During departmental hearing before Authorized Officer, appellant admitted that his photographs were available on the application form and he also admitted the existence of his signatures (as attestation) on copies of his brother's Identity Card and result card---Appellant produced 03 witnesses including one Handwriting Expert but could not rebut the charges, discard the evidence brought on record and prove his innocence---No malice had been attributed to the witnesses who supported the challenges levelled against the appellant---No effect was prescribed in the Punjab Civil Servants (Efficiency and Discipline) Rules, 1999, where the inquiry proceedings were not concluded within a period of 90 days---No material was placed on record to establish that any prejudice was caused to the appellant due to delay in conclusion of inquiry proceedings---Appeal was dismissed accordingly. Head NotesCase Description

MUHAMMAD SHABBIR AHMED MINHAS vs LAHORE HIGH COURT Dismissal/major penalty awarded to Judicial Officer — 2022 PLC(CS) 1486 PUNJAB-SUBORDINATE-JUDICIAL-SERVICE-TRIBUNAL

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