Case Details

Citation(s)
1989 SLG 1609 1989 SLD 1609 1989 SCMR 1296
Supreme Court of Pakistan
Civil Petition No.965 of 1983, decision dated: 26-02-1989
GHULAM MUJADDID AND SAAD SAOOD, JAN, JJ

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M. M. SHAMUNE

VS

GOVERNMENT OF PAKISTAN, Director General, POSTS and TELEGRAPH and 2 others

Law: Constitution of Pakistan, 1973

Section: 212(3)

Civil services--Constitution of Pakistan, (1973), Art .212(3)--Petitioner dismissed from service in consequence of disciplinary proceedings--Petitioner's departmental appeal, appeal before Service Tribunal and his Constitutional petition against his dismissal remained unsuccessful--High Court's order showed that contentions of the petitioner were that even though he had submitted his resignation, he had not been informed whether same had been accepted and thus he had been deprived of his pensioner rights--Such contentions were clearly misconceived, for, petitioner had been, after disciplinary proceedings, dismissed from service for unauthorized absence from duty--Petitioner was aware of the order of dismissal as he had filed an appeal against that order which too was dismissed--Petition being devoid of merit; leave refused. Petitioner in person. Mubarik All and A.S.P. Saving for Respondents. Date of hearing: 19th February, 1989. ORDER SHAD SAOOD JAN, J.--This is a petition for special leave to appeal from the judgment, dated 30-5-1983 of the Lahore High Court whereby the Constitution petition of the petitioner was dismissed. 2. The petitioner was serving as a clerk in the Saving Cell of the Lahore General Post Office. By an order, dated 6-10-1959, he was transferred to the Office of the Superintendent of Post Offices in the Lyallpur Division. He was relieved of his duties on 6-10-1959. Instead of complying with the order of transfer, he started applying for leave on medical grounds. The medical certificates submitted by him were issued by doctors in private practice. On a number of occasions he was asked to appear for medical examination before Medical Superintendent of the Post and Telegraph Dispensary but he failed to do so. Consequently, disciplinary proceedings were taken against…
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