Case Details

Citation(s)
2011 SLG 2242 2011 SLD 2242 2011 SCMR 1429
Supreme Court of Pakistan
Civil Petition No. 1608-L of 2010, decision dated: 3rd June, 2011 (Against the order dated 28-6-2010 passed by Federal Service Tribunal, Lahore in Appeal No. 230-L of 2007)
MAHMOOD AKHTAR SHAHID SIDDIQUI AND MIAN SAQIB NISAR, JJ

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MUHAMMAD ILYAS SHEIKH

VS

. SECRETARY/CHAIRMAN, MINISTRY OF RAILWAYS and others

Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973-------Rr. 4(1)((b)(iv)---Service Tribunals Act (LXX of 1973), S. 4---Constitution of Pakistan, Art. 212(3)---Dismissal from service---Absence from duty without sanctioned leave after expiry of ex-Pakistan medical leave--Non-joining of duty by appellant after department refused his request for three years further leave---Dismissal of appeal by Service Tribunal---Validity---Appellant himself was not available for personal hearing as he was out of Pakistan as per his own request for extension of leave---No rule of natural justice or requirement of law regarding notice or hearing or about regular enquiry had been infringed---Department had not committed any illegality in proceeding against appellant particularly after refusal of his request for extension of leave, he did not join duty, which he was bound to do---Appellant had not raised any substantial question of law of public importance---Supreme Court dismissed petition for leave to appeal in circumstances. Kamil Hussain Naqvi, Advocate Supreme Court with Imtiaz A. Shaukat, Advocate-on-Record and Rana Habib-ur-Rehman, Advocate Supreme Court for Petitioner. Nemo for Respondents. Date of hearing: 3rd June, 2011. ORDER MIAN SAQIB NISAR, J.---The petitioner after having obtained ex-Pakistan leave w.e.f. 20th July, 2001 to 17-9-2001 on account of the indisposition of his wife did not join the duty on the expiry of the leave period but requested for three years further leave…
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