Case Details

Citation(s)
1982 SLG 369 1982 SLD 369 1982 SCMR 537
Supreme Court of Pakistan
Civil Petition No. 562 of 1980, decision dated: 3rd November, 1981.(On appeal from the judgment dated 3-2-1980 of the Services Tribunal Punjab, Lahore in Appeal No. 413 of 1979)
KARAM ELAHEE CHAUHAN AND NASIM HASAN SHAH, JJ
Sardar A. Khalid, Advocate Supreme Court and S. Abid Nawaz, Advocate-on-Record for Petitioner. Nemo for
Respondent.

Rana MUHAMMAD AKRAM

VS

SUPERINTENDING ENGINEER (HEADQUARTERS) IRRIGATION, CENTRAL REGION

Law:

Section:

Civil Service Regulations (Punjab), Vol. 1, Part I-- R. 8.15 read with Constitution of Pakistan (1973), Art. 212-Service appeal-Petitioner censured for remaining absent without leave and period of absence treated as leave without pay - Petitioner not challenging order of censure but filing appeal against order treating his absence as leave without pay-Rule 8.15, held, of no avail to petitioner and no substantial question of public importance being raised, case not fit for interference under Art. 212 of Constitution.-[Civil services]. ORDER NASIM HASAN SHAH, J.-This petition for leave to appeal is directed against the order of the Punjab Service Tribunal dated 3-2-1980, whereby the appeal directed against the order of the Superintending Engineer (Head­quarters) Irrigation, Central Region, Lahore, whereby the absence from duty of the petitioner, for a period of one year 27 days was reckoned as extra­ordinary leave with pay, was rejected. This petition came up for bearing on 10-2-1981 on which date no one appeared on behalf of the petitioner and the petition was dismissed in default. The petitioner has submitted an application for restoration of the said petition and for the reasons given therein we restore the petition and proceed to hear it on the merits. The petitioner on 3-1-1977, was granted 4 months' ex-Pakistan leave on "private affairs", namely, to take his daughter to Dubai to settle her there, as her husband was working there. It is his case that he fell ill in Dubai and applied for extension of leave, in the first instance for one month. This application was supported by a medical certificate and although he received no intimation that this application was allowed, he did not return and instead submitted eight further applications, each time duly supported by a medical certificate, for extension of leave. In this way he had applied for leave to…
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