Law:

Section:

Constitution of Pakistan (1973)--Art. 212(3)---Compulsory retirement of civil servant---Charge against civil servant was his absence from duty---Civil servant having been relieved of charge did not assume charge at the new place, instead he challenged order of his transfer---Civil Servant claimed that stay order having been issued by a competent forum, period of absence should not have been counted against him---Civil Servant's such plea was repelled, for even if a stay order was passed on a specified date, same could not have any retrospective effect---Period prior to issuance of stay order would be treated as not only "absence from duty" but also a "serious defiance and disobedience of the orders of transfer"---Civil servant was no more fit to be retained as a civil servant---Leave to appeal was refused in circumstances. ORDER MUHAMMAD AFZAL ZULLAH, CJ.---Leave to appeal has been sought in this service matter against the dismissal by the Federal Service Tribunal of petitioner's appeal except that his removal from service was altered into compulsory retirement. Although technical questions have also been raised regarding the…

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