Case Details

Citation(s)
1994 SLG 1021 1994 SLD 1021 1994 PLC 1677
Federal Service Tribunal, Islamabad
Appeal No. 431(R) of 1993, decision dated: 12-02-1994.
ABDUL RAZZAQ A. THAHIM, CHAIRMAN, S.M. ISHAQ, RANSA RIFAT SAEED AND M.ILYAS LODHI, MEMBERS

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KHALILULHAQ AWAN

VS

Law:

Section:

Civil service------- Dismissal from service---Civil servant was dismissed from service due to long unauthorized absence from duty---Civil servant on his application was allowed three days casual leave with permission to leave station, but after expiry of said leave he did not join duty---Civil servant applied for extension in leave for fifteen days which was refused and he was directed to resume duty, but civil servant did not join duty and instead submitted another application for extension of leave on medical ground---Since medical certificates submitted by civil servant in support of his application were not of authorized medical doctors, civil servant was directed to appear before civil surgeon for second medical opinion, but he failed to comply with those directions---Civil servant was served a show-cause notice whereby he was directed to report for duty and to show cause why penalty of dismissal may not be imposed on him---Civil servant was further directed that in case no personal appearance was made or written reply was received from him the case would be decided ex parte--­Similar publication was also made in newspaper, but civil servant did not bother to return and join duty---Since it was a case of unauthorized and willful absence from duty, no regular inquiry was called for---Looking to the contumacious attitude of civil servant, Authorities were justified in passing dismissal order of civil servant---Appeal against order of dismissal, which otherwise was hopelessly time-barred, was dismissed on merits as well as on point of limitation. Chairman, PIAC v. Nasim Malik P L D 1990 SC 951 and 1982 SCMR386 ref. Pir Altaf Hussain Shah for Appellant. Hafiz SA. Rehman, Legal Adviser/Standing Counsel for Respondent. Date of hearing: 24th January, 1994. JUDGMENT ABDUL RAZZAQ A. THAHIM (CHAIRMAN).---The facts of this appeal, as stated in the memo of appeal, it is stated that the appellant joined the T&T Department as Lower Division Clerk on 14-5-1973. He was promoted as Assistant. Due to long unauthorized absence from duty consequent upon disciplinary proceedings he was dismissed from service. It is alleged that the lower staff mala fidely processed the…
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