JUDGMENT SHEET PUNJAB SERVICE TRIBUNAL LAHORE ON POOR RESULT IN MATRIC
JUDGMENT SHEET
IN THE PUNJAB SERVICE TRIBUNAL, LAHORE
Appeal No.3599 of 2015
KHALID MAHMOOD RAMAY, MEMBER-V
Masrat Parveen Farid, W/o Inzar Anwar, R/o Street No.14/45, Ghakhar House, Wahdat Colony, Gujranwala.
……Appellant
VERSUS
1. Executive District Officer (Education), Gujranwala.
2. District Coordination Officer, Gujranwala.
……Respondents
Appellant by:
• Mr. Zohaib Imran Sheikh, Advocate,
Counsel for the appellant.
Respondents by:
• Sardar Muhammad Ahmed,
District Attorney.
Date of hearing: 21.04.2016.
JUDGMENT
KHALID MAHMOOD RAMAY-
This judgment shall dispose off the aforementioned appeal filed by the appellant against impugned order No. 52/M.Cell dated 28.02.2015 passed by Executive District Officer Gujranwala whereby penalty of withholding of three annual increments for a period of three years was awarded to the appellant on the allegations mentioned in the impugned order and reproduced as under:
“As per reported by the DEO (SE), Gujranwala 01 student (Ethics) appeared in SSE Part-1 Examination 2014 and passed 0 student; hence her result reflected 0% hence she committed the following charges, (i) Misconduct (ii) Inefficiency, (iii) Lake of interest in teaching work & (iv) Poor Performance.”
The appellant preferred a departmental appeal which was dismissed by the appellate authority vide order No.2665 dated 29.06.2015 by District Coordination Officer, Gujranwala. Hence the instant service appeal.
2. Process was issued and comments from both the respondents were submitted. Record was produced by the department, memorandum of appeal along with its annexures and comments of the respondents were perused. Arguments heard from both sides.
3. Learned counsel for the appellant argued that the impugned order is unjustified and against the principles of natural justice and Audi Alteram Partem since the appellant was condemned unheard. No regular inquiry was conducted by the department and the impugned order was passed relying upon the show cause notice only which was properly replied by the present appellant but her point of view was neither considered nor evaluated by the departmental authorities. The council argued that the charge of poor performance is absolutely not maintainable because the appellant had been teaching for the last twenty years and showing best results throughout her carrier. Even in the present result which has been held as poor against her, she has shown results in other six subjects as exemplary good because the same are more in percentage than the results of the concerned board of Intermediate & Secondary Education. In the paper of “ethics” whereby the result has shown as 0% the fact is that there was only one student in the ethics class who was a Christian girl and who studied Islamiat along with other students for the whole academic session. Quite close to the examination she preferred “ethics” as subject but she could not prepare and perform well because she became sick on and the day of paper, as is evident by the medical certificate issued by a registered medical doctor of Civil Hospital Gujranwala.
4. It is also a matter of fact that during examination, the student was given paper of the “ethics” based on new syllabus whereas she had studied the old syllabus and in the examination hall her hue and cry was not given any consideration by the superintendent of the examination. She was not provided a question paper with regard to old course of the subject which she had studied in school. He further held that this could not be termed as poor performance on part of the appellant in the light of dictum laid down by August Court in 2000 PLC (CS) 1053 wherein it has been held that single instance of any incorrect behavior of individual in any discipline whatsoever could hardly furnish a ground for holding that civil servant guilty of extreme incompetency.
The council further argued that department failed to evaluate that the appellant had been showing best results throughout her 20 years long career and this alleged 0% result is based on only one student, who was sick on the examination day and who was given question paper contrary to the syllabus which she had studied in the school. With these assertions, the counsel prayed for setting aside the impugned orders.
5. Learned District Attorney on the other hand maintained that 0% result can be termed nothing else but only poor. The appellant failed to show performance in the subject of “ethics” as compared to the Board Results and hence has been held responsible for poor performance in view of zero result. He further argued that showing good results in other subjects does not constitute a basis to exonerate her of liability to show such result in “ethics”. He further held that the department had been handsomely paying to the appellant for showing good result and imparting quality education and it was not a credit on part of the appellant if she had previously shown good results rather this is a discredit on part of the appellant that her result is 0% in the paper of “ethics”.
With these assertions the District Attorney prayed for dismissal of the instant appeal.
6. Due consideration has been given to the arguments forwarded by both the sides. This is on record that the appellant had been showing results as per satisfaction of the authorities and quite upto the mark in her previous performance. It has also been established, in the light of medical certificate appended with the appeal that the single student of ethics paper remained sick during the examinations. No regular inquiry has been conducted by the department in order to remove factual controversy of medical certificate, old syllabus paper etc. Although the percentage in the subject of ethics is 0% but it has to be considered in the light of number of appearing students in that paper which is only one, who remained sick and could not prepare well. The penalty awarded by the authority and upheld by the appellate authority does not commensurate with the alleged guilt of the appellant who otherwise, in the present result and in the previous years, has shown very good results which has not been taken into consideration by the authorities. One single indirect lapse on part of the appellant cannot constitute a could basis to inflict penalty upon the appellant.
Accordingly, considering with the arguments raised by counsel for the appellant the instant appeal is accepted and both the impugned orders are set aside which shall have no effect on the carrier and service record of the appellant.
ANNOUNCED
21-04-2016
MEMBER-V
Certified that this judgment consists of 05 pages and each page has been digitized, read and signed by me.
MEMBER-V
Approved for reporting.
