M

BEFORE THE CHAIRMAN BOARD OF INTERMEDIATE & SECONDARY EDUCATION, MULTAN. (Appellate Jurisdiction)

M. Sharif S/o Fateh Muhammad, caste Jat, R/o 255 RB Tehsil & District Faisalabad. Appellant Versus 1.

Chairman Discipline Committee, B.I.S.E. Multan.

2.

Controller of Examination, B.I.S.E. Multan.

3. Respondents

Appeal U/s

against the order passed by

the respondent No. 1 and intimated through Assistant Controller, Discipline, on behalf of respondent

No.

2

vide

letter

No.

637/Discipline dated 1.8.2001. Claim in Appeal: To set aside the decision of respondent No. 1, quash the charges levelled against appellant and result of appellant may please be restored. Court Fee: Usual fee Rs. 500/- is deposited vide challan No.

dated

. Challan is enclosed.

Respectfully Sheweth: 1.

That the appellant was a candidate for Nazim from Union Council No. 148, District Faisalabad. One Mian Zia-ul-Haq son of Choudhary Abdul Waheed, caste Arain, resident of Chak No. 242/RB, Tehsil & District Faisalabad, was an opposing candidate of the appellant. At the time of scrutiny, the said Mian Zia-ul-Haq submitted an objection petition before the Returning Officer that the Secondary School Certificate of the appellant is a bogus one. This application was duly entertained by the Returning Officer and Board of Intermediate & Secondary Education, Multan was directed to provide relevant information in this regard till 5.5.2001. On this direction, the B.I.S.E. verified the Secondary School Certificate of appellant as genuine and objection petition was rejected on 5.5.2001 by the Returning Officer. The said Mian Zia-ul-Haq did not assail this matter or order dated 5.5.2001 before any competent court/forum. So, the order dated 5.5.2001 attained finality.

2.

That the appellant was declared a returned candidate as Nazim from Union Council No. 148, District Faisalabad. It is a usual practice in the Punjab that the elections are always leaving sore happenings along-with a revengeful behaviour. The appellant became the victim of the same deep-rooted enmity when the said Mian Zia-ul-Haq maneuvered to tamper with the record of admission form in respect of the appellant, in association with his some relatives/employees of B.I.S.E. Multan including one Shahid (Steno-typist) who remained present with the discipline committee. After hatching this conspiracy, the said Mian Zia-ul-Haq again filed a complaint against

the

appellant

in

connection

with

unfair

means/impersonation. 3.

That the respondent No. 1 initiated the necessary proceedings upon this complaint without determining the status of the complaint and complainant. It will be an astonishing fact that

letter No. 504 dated 30.6.2001 was delivered on 28.7.2001 to the appellant posted on 26.7.2001 by the respondents with malafide intention and ulterior motive. By this practice of respondents, the conspiracy was disclosed and the appellant was faced to challenge the same in the civil court Faisalabad. The learned court was kind enough to grant an interim relief till 31.7.2001 by restraining the respondent not to act upon the said letter. 4.

That the appellant explored the matter and it came to the knowledge of the appellant that the said complaint was fixed for hearing on 30.7.2001. The appellant appeared before the respondents and submitted the copy of interim relief granted by the civil court Faisalabad. Resultantly, the appellant was informed that the proceedings of the complaint would remain in abeyance till the proceedings in civil court. The representatives of respondents appeared before the civil court Faisalabad on 31.7.2001. The interim relief granted to the appellants could not be extended on 31.7.2001. The respondents without informing the appellant restarted the proceedings.

5.