Law:

Section:

Pakistan Essential Services Act (LIU of 1952)-------Ss. 7(3)/5(1)(a)(b)---Constitution of Pakistan (1973) Art. 199--­Constitutional petition---Quashing of proceedings ---Accsued was awarded a Government scholarship for higher studies and he with the consent of his employer, had proceeded abroad with the condition that he will rejoin services after completion of his studies---Accused failed to fulfil the condition---Case against the accused was that he had caused a loss to the respondent against the scholarship money given to him on the assurance that he would return---Accused was to avail the scholarship which extended to one year 4nitially and to a further period of 60 months, meaning thereby that his services were dispensed with for all that period and were, therefore, not immediately essential for the Institution, otherwise he would not have been allowed to go abroad with consent---Provisions of the Pakistan Essential Services (Maintenance) Act, 1952, were to be construed strictly being penal in nature and were to be read in harmony with each other---Accused had proceeded abroad with the consent of the respondent and had breached his contract while abroad by not coming back, although according to him he had not been asked to join his duties, his case therefore, was one of civil liability and was not covered under the criminal provisions of the Pakistan Essential Services Act, 1952, even if the same were stretched to their limit--­Proceedings pending against the accused under the Pakistan Essential Services (Maintenance) Act, 1952, in the Court of Magistrate were quashed in circumstances ---Contitutional petition was accepted accordingly. M. Kowkab Iqbal for Petitioner. Miss Jamila Aslam for Respondent. ORDER Petitioner Syed Muhammad Nasir Hussain has filed this writ petition through his father Syed Hidayat Hussain who is his General Attorney. Through this writ petition, the petitioner has impugned the criminal proceedings pending against him in the Court of the Ilaqa Magistrate, Islamabad under the Pakistan Essential Services Act, 1952. 2. The petitioner was an employee of Pakistan Atomic Energy Commission having been appointed as an Assistant Engineer in…

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