Law: Constitution of Pakistan, 1973

Section: 212(3)

Constitution of Pakistan (1973)--Art. 212(3)---Termination from service---Absence from duty---Non-holding of regular inquiry---Effect---Civil servant who was involved in criminal case was terminated during the period when he remained fugitive from law---Plea raised by civil servant was that he was acquitted from criminal charge and no regular inquiry was conducted to probe into the matter---Validity---Involvement of civil servant in criminal case and his wilful absence from duty were never denied by him, therefore, non-holding of regular inquiry did not cause any prejudice to him---Civil servant had been dealt with fairly and was terminated by competent authority after completing all codal formalities---Service Tribunal discussed the matter in depth and assigned cogent and sound reasoning before dismissing appeal filed by civil servant---Neither any misreading or non-reading of material on file could be pointed out in passed by Service Tribunal, justifying interference by Supreme Court, nor any substantial question of law of public importance was involved in the case---Supreme Court declined to interfere in passed by Service Tribunal---Leave to appeal was refused. Rashid Mehmood v. Additional Inspector-General of Police and 2 others 2002 SCMR 57 distinguished. Khaliq Dad v. Inspector General of Police and 2 others 2004 SCMR 192 and Government of N.-W.F.P through Secretary, Finance, Excise and Taxation Department, Peshawar and 2 others v. Aurangzeb 2003 SCMR 338 ref. ORDER IJAZ-UL-HASSAN KHAN, J.---This petition for leave to appeal, under Article 212(3) of the Constitution of the Islamic Republic of Pakistan, 1973, is directed against a judgment dated 28-4-2007, of the N.-W.F.P Service Tribunal, Peshawar, (hereinafter referred to as the Tribunal) whereby, Service Appeal No.601 of 2006, filed by the petitioner, assailing his termination order dated 12-7-2004, was dismissed. 2. Facts of the case necessary for disposal of this petition are, that Liaqat Ali, petitioner, while working as Laboratory Attendant in Government Children Hospital, Peshawar, was served with charge-sheet for his involvement in a criminal case and wilful absence from duty with effect from…

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