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Case No. 480/1380 of 1981, decided on 12th July, 1982.

‑‑ R. 4 (b) (iii)‑ Removal from service‑ Competent authority, on receipt back of file from Advisor, of Department giving due consideration to matter in consultation with authorized officer passing order of removal from service‑Civil servant found committing forgery by preparing a forged allotment order and managing to get it delivered to another authority and this fact further substantiated by fact of his going after allotment letter in that authority's office to get it retrieved when its detection came to his knowledge -Civil servant, held, committed misconduct and order of removal from service found valid and legal, in circumstances.

Sheikh Abdul Qayum for Appellant.

Haroon‑ur‑Rashid Cheema, District Attorney for Respondents.

Date of hearing : 12th July, 1982.

‑Rashid Ahmad' Bhatti ex -Senior Clerk of Housing and Physical Planning Department has filed this appeal under section 4 of the Punjab Service Tribunal, 1974, wherein be has impleaded Secretary to Government of Punjab, Housing and Physical Planning, Department and Additional Chief Secretary to the Government of the Punjab, Lahore as respondents.

2. By virtue of this appeal he has prayed that impugned order of Secretary to the Government of the Punjab, Housing and Physical Planning Department, dated 23rd October, 1979 and appellate order, dated 7th September, 1931, rejecting his appeal, be set aside.

3. Facts of the case are that on act application by Rashid Ahmad Bhatti. Senior Clerk, Housing and Physical Planning, Department, the then Chief Minister. Punjab passed an order on 13th March, 1976 that a five Maria plot may be allotted to the appellant in 1600 Acres Scheme of the Lahore Development Authority. However, the allotment of the plot could not be made to him due to re‑consideration of his case in the light of Martial Law Instruction No. 23, dated 17th August, 1977. The appellant being disappointed by this decision managed to deliver a forged letter bearing No. S O (D. A.) 7‑II/'77, dated 9th June, 1979 to the Director- General, L. D. A. under the signature of Suhail Masood, Section Officer (D. A.) of the Housing and Physical Planning, Department, conveying a decision that the Governor/M. L. A. had been pleased to approve the allotment of 5 Marla plot to him out of the quota reserved for compassion ate and hardship cases. This letter was detected at the initial stages, by the Director‑General, L. D. A. who referred the case to the Government for an appropriate action. The appellant was proceeded against accor dingly. The Secretary, Housing and Physical Planning, appointed Deputy Secretary (Admn.) H & P P as an authorised Officer, under the E & D Rules to proceed against the appellant. The appellant was pro ceeded under rule 6 (3) of the Punjab Civil Servants. E & D Rules, 1975, and show‑cause notice was served upon him. His explanations both written and oral were considered by the Authorized Officer. After due processing of his case according to the rules and going into the merits of the case, he was held responsible for the misconduct for the act of forgery and was removed from service. Hence this appeal.

5. The learned counsel for the appellant argued that Authorised Officer had recommended to the authority for award of major penalty, of reduc tion in rank, to the appellant. The authority agreeing with the recommen dations of the Authorized Officer submitted the case to Advisor, H & P P for showing the same to him, but Advisor, H. & P P ordered that appellant be removed from service. He further argued that the Advisor, could not enhance the punishment. He also denied that the appellant had forged the letter or got it done through some one else and thus there was no necessity for him to follow this letter in the office of L. D, A. with intention of retrieving it. The learned District Attorney controverted the arguments of the learned counsel for appellant and submitted that after the file came back from the Advisor, H & P P the Authorized Officer and the authority sat together to discuss the case and after due application of mind, the authority passed the impugned order. He further argued that the appellant was the only interested party in this case and was posted in the section from where the forged letter was issued. Being familiar with the procedure and signature of the Section Officer only he could fabricate such an order or could have been instrumental in getting this forged order issued. The learned District Attorney further submitted that his arguments are further confirmed from the fact that he persued the forged letter for retrieving it from L. D. A. Office when he came to know that his forgery had been detected.

6. We have given our anxious thought to the arguments given by the learned counsel of the appellant and learned District Attorney and have also consulted the record. We agree with the arguments of the learned District Attorney that the impugned order has been issued by the competent authority and this is lawful and valid order which was issued after giving due consideration by the authority in consultation with the authorized officer, on receipt of the file back from the Advisor, H & P P It is further proved beyond doubts, that the appellant having been disappointed on the re‑consideration of his allotment case wherein the allotment of the plot was not made to him under Martial Law Instructions No. 23 committed a forgery by managing to get delivered a forged allotment letter to D.‑G. L. D. A. This is further substantiated by the fact that he went after the letter in D.‑G. L. D. A. Office to get the forged letter retrieved when he came to know that it had been detected by the L. D. A. Authorities.

7. We have no hesitation to believe that the appellant's misconduct stands proved and penalty imposed on him is in order. Hence, there is no merit in his appeal which is dismissed.

There will be no order as to costs.

M. Y. M. Appeal dismissed.

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