Law:

Section:

Pakistan Water and Power Development Authority Employees (Efficiency and Discipline) Rules, 1978---------Rr. 2(5) & 6---Constitution of Pakistan (1973), Art. 212(3)---Compulsory, retirement from service---Civil servant was compulsorily retired from service on allegation that he after transfer had not joined his new posting and having remained absent from duty was guilty of misconduct---Service Tribunal on appeal ordered reinstatement of civil servant from the date he was so retired---Validity---Civil servant had submitted an application to the Authority concerned stating that he was unable to join duty due to his family problems, but despite that explanation was called from him to which he submitted a reply alongwith medical certificate and ground of ailment of his sister---Absence of civil servant could not in any case be termed as wilful absence or desertion from duty, as it was due to compelling circumstances---Judgment of Service Tribunal reinstating civil servant being based on sound reasoning and no important question of law as contemplated under Art. 212(3) of Constitution of Pakistan (1973), being involved, petition for leave to appeal was dismissed. WAPDA v. Shan Elahi NLR 1999 Lah. 1 ref. Siddique Mirza, Advocate Supreme Court with Akhlaq Ahmed Siddiqui, Advocate-on-Record for Petitioner. Dote of hearing: 2rld April, 2001. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.,---The petitioner seeks leave to appeal against the, judgment dated 13-11-2000, passed by the Federal Service Tribunal, Islamabad, in Appeal No. 1053(K) of 1999. 2. The facts, in brief, are that Shaukat Hayat Qazi-respondent, Deputy Director (Adorn.) in the Office of Chief Engineer (Operation and Maintenance), WAPDA, Jamshoro, was transferred in the same capacity to the Office of Chief Engineer (Material Inspection) WAPDA, Lahore vide Order No.D(CM)D/09981-1/25674-72, dated 24-10-1998. He was relieved on 2-11-1998, but he did not join his new posting and submitted an application on 20-11-1998 to the Chief Engineer (M1), WAPDA, Lahore on the ground of some family problems. On 24-2-1999, explanation letter was issued to the respondent alleging therein that he had committed acts of commission…

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