Case Details

Citation(s)
1985 SLG 987 1985 SLD 987 1985 SCMR 1893
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 261/ K of 1984, decision dated: 5-11-1984
S.A. NUSRAT, ZAFFAR HUSSAIN MIRZA AND MIAN BURHANUDDIN KHAN, JJ

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KHUSHAL KHAN

VS

. MANAGER, MILITARY DAIRY FARM, MALIR CANTT

Law:

Section:

Constitution of Pakistan (1973)-----Art. 212(3)--Civil service--Dismissal from service--Non-compliance of transfer order and absence from duty--Plea of sickness not believed-­Genuineness of medical certificates doubtful--Contention that petitioner could not report for duty due to unforeseen circumstances not convincing--Order of dismissal upheld--Leave refused. Faizanul Haq, Advocate-on-Record for Petitioner. Date of hearing: 5th November, 1984. ORDER MIAN BURHANUDDIN KHAN, J.--The petitioner, a daily Cooly at Military Dairy Farm, Malir Cantt was transferred to Military Dairy Farm, Ruk, Sukkur per Movement Order, dated 23-6-1984 given verbally by respondent No. 1. The petitioner did not resume the duty at the new station at Ruk. His absence was noticed and he was directed by the Manager, Military Dairy Farm Ruk vide letters, dated 4th August, 22nd September, 23rd September, 3rd October and 3rd November, 1981 to report for duty addressed to the petitioner at his home address in Abbottabad where he had gone unauthorisedly. The petitioner, however, remained absent. A show-cause notice was got published by the Manager, Ruk Military Farm on 9-2-1982 warning the petitioner to resume duty within 15 days failing which ex parte action would be taken against him. The petitioner did not respond and he was, consequently, dismissed from service and a notice to this effect was published on 26-3-1982. On 18-4-1982 the petitioner preferred a departmental appeal which remained unreplied. Thereafter he filed an appeal before the Federal Service Tribunal on 2-6-1982 but the same was dismissed vide the impugned order, dated 27-3-1984. 2. The learned counsel for the petitioner contended before us that the order of dismissal of the petitioner from service is illegal as the petitioner was not…
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