Case Details

Citation(s)
1992 SLG 1951 1992 SLD 1951 1992 KLR 108
Peshawar High Court
Appeal No. 172 of 1989, 2nd January, 1991
QAZI HAMID-UD-DIN, CHAIRMAN AND MOHAMMAD SIDDIQUE KHATTAK, MEMBER

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Ali Asghar

VS

D.I.G. (Police) Hazara Division Abbottabad And Other

Law:

Section:

Keywords: Imposition Of Penalty, Permission, Disposed Of, Departmental Representation, Grounds, Notice, Certificate, Dismissal From Service, Set Aside, Absence From Duty, Punishment, Penalty, Payment, Parties, Care, Show-Cause Notice, Retrospective Effect, Place, Consideration, Removal, Notices, Departmental Action, Same Offence, Orders, Imposition, Period, Departmental Appeal, Prosecution, Consent, Cause Of Action, Costs, Removal, Order, Plea, Illegal, Leave, Information JUDGMENT MOHAMMAD SIDDIQUE KHATTAK, MEMBER.- This appeal has been filed by Ali Asghar s/o Daud Khan, Village Mohra Kalanwan, Tehsil Haripur, District Abbottabad, against the order of respondent No.2 dated 10.8.90, whereby he was dismissed from service and order of respondent No.1, dated 25.10.87, rejecting his departmental representation. It has been prayed that the appeal be accepted and the impugned orders be set aside and he may be reinstated in service with all back benefits. 2. Facts of the case, as narrated in the appeal are that the appellant was appointed foot constable District Police Abbottabad and had been serving as such for the last 12 years. On the basis of his good record of service he was promoted as L.H.C. During the year 1985, he fell seriously ill and in support of his request for the grant of leave on medical grounds he submitted medical certificate from 6.11.85 to 17.12.86. He remained bed ridden till 29.7.87 and for this period he submitted medical certificates from the to the to the Superintendent of Police Abbottabad. That his illness was verified by the authorised Medical Officer and Mr. Hukam Dad A.S.I. Haripur and authenticated by the local councillor and notable of the area. But despite his illness and the medical certificates submitted by him, respondent No.2 dismissed him from service on 10,8.87 (Annexure-A). Before his dismissal from service a Medical Board, for his medical checkup, was constituted with his consent but he was never informed about the date of convening of the Medical Board. That no inquiry was conducted against him and he was not informed about the fate of his request for leave. That the orders of respondent No.3 are mala fide, unjust and not…
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