Law:

Section:

Punjab Police (Efficiency and Discipline) Rules, 1975-------R.6---Constitution of Pakistan (1973), Art.212(3)---Dismissal from service---Malice and animosity, plea of---Wilful absence amounting to misconduct---Question of fact---Civil servant was dismissed from service on the charge of misconduct---Departmental appeal as well as appeal before Service Tribunal were dismissed---Plea raised by the civil servant was that his dismissal from service was because of malice and animosity, as he refused to hand, over official motor cycle to the son of Deputy Inspector General Police---Validity---Civil servant failed to substantiate the plea of malice or enmity by leading any evidence which otherwise did not appeal to logic and reason---How a son of Deputy Inspector General Police having plenty of conveyance at his exclusive disposal could make such a demand from the civil servant---Service record of the civil servant was highly depressive and his performance was never assessed satisfactory and upto the mark---Civil servant remained absent on 27 different occasions for 59 days and also earned 12 bad entries during his service of short tenure---Wilful absence amounting to misconduct being question of fact had rightly been determined by the department duly affirmed by Service Tribunal and the same did not warrant any interference by Supreme Court---Leave to appeal was refused. Petitioner in person. Nemo for Respondents. Date of hearing: 31st March, 2003. ORDER JAVED IQBAL, J.---Pursuant to disciplinary proceedings initiated against the petitioner under the Punjab Police (Efficiency and Disciplinary) Rules, 1975 on account of wilful absence amounting to misconduct the…

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