Law: Constitution of Pakistan, 1973

Section: 212(3)

Constitution of Pakistan (1973)--Art. 212(3)---"Audi alteram partem", principle of---When not attracted---Civil servant---Dismissal from service on account of long absence from duty--Effect---Civil servant had not been able to explain his long absence for about three years---Charge of absence from duty was, thus, proved on face of record--�Civil servant could not show cause for his long absence from duty even to Supreme Court---Even holding of inquiry against civil servant could not have made any difference---Civil servant had just been discharged from service---No stigma of any sort whatsoever had been attached---Civil servant had neither been dismissed nor removed from service---Principle of "audi alteram partem" would not be attracted to facts of case---Leave to appeal was refused in circumstances. -[Maxim]. Qazi Muhammad Anwar, Advocate Supreme Court with Mr. Muhammad Zahoor Qureshi Azad, Advocate-on-Record for Petitioner.Nemo for Respondents.Date of hearing: 20th December, 1995.ORDER MUHAMMAD BASHIR JEHANGIRI, J.---Zarghun Shah, petitioner, while employed as Civil Labour Class-IV in C.M.H., Peshawar, alongwith three others, was charged for murders of Ajmal Khan and Hasham Khan and effective attempt at the life of another vide F.I.R. No.192 registered on 3-5-1990 at Police Station, Pishtakhara, District Peshawar. In consequence, he became fugitive from law. On 5-5-1990 he sent an application for leave for a period of one month. He was, however, suspended from service with effect from 5-5-1990 on account of his involvement on the charge of twin murders as well as effective attempted murder. It appears that the petitioner was arrested on 19-4-1993 and was lodged in Central Prison, Peshawar. He was granted bail on 6-6-1993. The petitioner and his two other co-accused were placed on trial but they were acquitted on 5-12-1993 due to compromise between the parties. Thereafter he approached the authorities concerned for his reinstatement. On 5-4-1994, he was informed by Surgeon General (respondent No. l) that he had been discharged from service with effect from 5-5-1990 and that another person had been employed with effect from 1-6-1990. In this…