Case Details

Citation(s)
1994 SLG 147 1994 SLD 147 1994 PLC 531
Federal Service Tribunal, Islamabad
Appeal No. 390(0) of 1992, decision dated: 29-08-1993
ABDUL RAZZAQ A. THAHIM, CHAIRMAN AND MISBAH ULLAH KHAN, MEMBER
Basharatullah Khan for Appellant. Muhammad Ayaz Khan for
Respondent.

SHAHID HAMIDULLAH

VS

DIRECTOR, SURFACE WATER HYDROLOGY PROJECT, WAPDA, LAHORE

Law:

Section:

Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978--------Rr. 2(5), 5(iii) & 5-A---Misconduct---Removal from service for long and wilful absence from duty---Employee was directed by Authority time and again to resume duty, but he, in spite of repeated letters and telegrams of Authority, failed to resume duty and remained absent intentionally and deliberately--- Employee who initially was granted 8 days casual leave, remained absent from duty for more than one and half years---Employee had contended that he remained ill during that period, but when Authority asked him to submit his medical certificate to WAPDA Medical Officer, employee failed to comply with such orders---Employee was directed by Authority to appear and produce Medical Officer who had given him medical certificate but he failed to do so---Employee was also directed to resume duty and appear before Medical Superintendent, WAPDA for medical opinion, but he again failed to do so--­Such conduct of disobedience and insubordination of employee did amount to "misconduct" especially when alleged illness of employee was such that he was only advised rest and never had been indoor patient and medical certificate produced by him was also of doubtful nature---Employee, in circumstances, was liable for Departmental action and had to be punished with appropriate punishment---For such a long and wilful absence from duty, employee could be imposed penalty of dismissal from service, but Authority taking into consideration all relevant factors, passed order of removal from service which was an appropriate order keeping in view conduct and indolence of employee---Such order would not call for interference. JUDGMENT ABDUL RAZZAQ A. THAHIM (CHAIRMAN): --Appellant Mr. Shahid Hamidullah, a Sub-Engineer in WAPDA, has preferred this appeal against the order of his removal from service passed on 18-5-1992. 2. The facts of the case are that the appellant while working as a Sub-Engineer in Hyderology Project at Quetta was transferred to Karachi. He accordingly joined his duty on 4-10-1990. The appellant applied for 8 days casual leave with effect from 16-10-1990 to…
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