Law: Constitution of Pakistan, 1962

Section: 98,178(3),178(b)

Constitution of Pakistan (1962), Arts. 98 & 178(3) (b)-East Bengal Service Rules, r. 151, Note 2-Does not take away right of authority to refuse leave in spite of medical certificate-Refusal to grant leave-Mere fact that no provision made with regard to appeal in terms of Art. 178(3) (b) of Constitution of Pakistan (1962)-Cannot be basis for maintaining petition under Art. 98(2) of Constitution.   Date of hearing : 20th July 1964.   JUDGMENT   SATTAR, J.-In this application under Article 98 (2) of the Constitution, the petitioner Mohammad Abbasuddin has called in question the order passed by the Executive Engineer, B. & R. City Building Division Dacca, which reads as follows:   "Office of the Executive Engineer, (B & R) City Building Division, Dacca.   Office Order   With reference to Chief Engineer's Memo. 1852 (4) dated 30-8-62 Mr. Abbasuddin, Sectional Officer, attached to Dacca Sub-Division is hereby relieved of his duties from this Division with effect from 10-12-62, the date from which he proceeded on leave, with direction to report himself for duties to the Executive Engineer (C & B) Jessore Building Division, Jessore, with immediate effect. If he does not comply with this order he will do it at his own risk. In view of the exigencies of public service, his services are required in this Department and so, his leave as applied for is refused as per clause 151 of E. B. S. R. part I.   (Sd.) S. A. Waheed,   Executive Engineer, B. & R.   City Building Division, Dacca."   The petitioner's case is that he is a permanent incumbent under the Province of East Pakistan and was at the relevant time posted as Sectional Officer attached to the Dacca Sub-Division under the City Building Division, Dacca. The petitioner was governed by the East Bengal Service Rules, Part I and later on when the Prescribed Leave Rules, 1959, came into force under Finance (Audit) Department Notification No. F(LA)/3L-96/59/212, dated the 2nd October 1959, the petitioner opted to be governed by these under clause (2) of the said Notification In August-1962 when the petitioner was on deputation to Savar…