| Citation(s) |
|---|
| 2004 SLG 1258 2004 SLD 1258 2004 SCMR 1619 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.756/L of 2000, decision dated: 6-07-2004.(On appeal from judgment, dated 4 2 2000, passed by the Punjab Service Tribunal, Lahore, in Appeal No.2192 of 1998)
SYED DEEDAR HUSSAIN SHAH AND SARDAR MUHAMMAD RAZA KHAN, JJ
Mian Mahmood Hussain, Advocate Supreme Court with Faiz ur-Rehman, Advocate on-Record for Petitioner. Nemo for
Respondents
Civil Petition for Leave to Appeal No.756/L of 2000, decision dated: 6-07-2004.(On appeal from judgment, dated 4 2 2000, passed by the Punjab Service Tribunal, Lahore, in Appeal No.2192 of 1998)
SYED DEEDAR HUSSAIN SHAH AND SARDAR MUHAMMAD RAZA KHAN, JJ
Mian Mahmood Hussain, Advocate Supreme Court with Faiz ur-Rehman, Advocate on-Record for Petitioner. Nemo for
Respondents
MANSOOR AHMAD SHEIKH
VS
A.I.G. DEVELOPMENT, PUNJAB, LAHORE and another
Law:
Section:
Constitution of Pakistan (1973)--- Art. 212(3) Dismissal from service Department had issued charge sheet and appointed Inquiry Officer but the petitioner did not reply to the charge sheet and even did not contest his case before the Inquiry Officer who had no other option but to proceed ex parte against him -Allegations of the department, in the absence of any defence on record, were duly proved against the petitioner Contentions of the petitioner were not borne out from the record Service Tribunal with sound and cogent reasons had rightly dismissed the appeal of the petitioner No question of law of general public importance as contemplated under Art.212(3) of the Constitution was involved in the petition, which was dismissed by the Supreme Court. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J. Petitioner seeks leave to appeal against the judgment of the Punjab Service Tribunal, Lahore (hereinafter referred to as the Tribunal) dated 4 2 2000, passed in Appeal No.2192 of 1998. 2. Brief facts of the matter are that the petitioner was working as a Senior Clerk in the Office of the D.I. G. (C.I.D.) Punjab and Department proceeded against him under the Efficiency and Discipline Rules on the charges that he while serving in Telecommunication Department remained absent from duty for a period of 173 days from 1 3 1995 to 20 8 1995 and D.S.P. Tele (HQ), Punjab, Lahore had reported that he was also in the habit of tampering attendance register to cover up his absence. He was issued a charge sheet on 3 10 1996. The petitioner received the charge sheet but unfortunately he did not care to reply to the charge sheet and also failed to appear before the Inquiry Officer, who proceeded against him ex parte. Inquiry Officer in his report found him guilty of the charges. The Competent Authority issued show cause notice to him. After providing, an opportunity of hearing, he was dismissed from service on the ground that his absence with effect from 1 3 1995 to 20 5 1995 was duly proved and it was also established against him that he had also remained absent from his duty, for a very long period in the year 1997 and that he was in a habit of tampering with official record. 3. The petitioner…
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