1989 PLP 1296 (SCMR)
M. M. SHAMUNE Petitioner Versus GOVERNMENT OF PAKISTAN, DIRECTOR‑GENERAL,
| Citation | 1989 PLP 1296 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Ghulam Mujaddid and Saad Saood Jan, .JJ |
| Parties | M. M. SHAMUNE Petitioner Versus GOVERNMENT OF PAKISTAN, DIRECTOR‑GENERAL, |
Q1: What are the key laws and sections cited in 1989 PLP 1296 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1296 (SCMR)?
The case was heard and decided by the High Court bench comprising: Ghulam Mujaddid and Saad Saood Jan, .JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1296 (SCMR) (M. M. SHAMUNE Petitioner Versus GOVERNMENT OF PAKISTAN, DIRECTOR‑GENERAL,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Mubarik All and A.S.P. Saving for Respondents. Date of hearing: 19th February, 1989.
Headnotes / Summary
(From the judgment, dated 30‑5‑83 of the Lahore High Court, in Writ Petition No.760 of 1983). Civil services ‑‑‑ Constitution of Pakistan, (1973), Art .212(3)‑‑Petitioner dismissed from service in consequence of disciplinary proceedings‑‑Petitioner's departmental appeal, appeal before Service Tribunal and his Constitutional petition against his dismissal remained unsuccessful‑‑High Court's order showed that contentions of the petitioner were that even though he had submitted his resignation, he had not been informed whether same had been accepted and thus he had been deprived of his pensioner rights‑‑Such contentions were clearly misconceived, for, petitioner had been, after disciplinary proceedings, dismissed from service for unauthorized absence from duty‑‑Petitioner was aware of the order of dismissal as he had filed an appeal against that order which too was dismissed‑‑Petition being devoid of merit; leave refused. Petitioner in person.
Judgment & Decree
SHAD SAOOD JAN, J.‑‑This is a petition for special leave to appeal from the judgment, dated 30‑5‑1983 of the Lahore High Court whereby the Constitution petition of the petitioner was dismissed.
2. The petitioner was serving as a clerk in the Saving Cell of the Lahore General Post Office. By an order, dated 6‑10‑1959, he was transferred to the Office of the Superintendent of Post Offices in the Lyallpur Division. He was relieved of his duties on 6‑10‑1959. Instead of complying with the order of transfer, he started applying for leave on medical grounds. The medical certificates submitted by him were issued by doctors in private practice. On a number of occasions he was asked to appear for medical examination before Medical Superintendent of the Post and Telegraph Dispensary but he failed to do so. Consequently, disciplinary proceedings were taken against him and as a result thereof he was declared as deserter and dismissed from service with effect from 10‑10‑1960 which was described to be the date of his desertion from duty, He filed an appeal which was dismissed on 27‑8‑1962 by the Deputy Post Master General, Northern Circle.
3. It appears that on 6‑10‑1959 the petitioner submitted a conditional resignation from service which was rejected on the ground that conditional resignation could not be entertained. He then submitted a revised resignation on 2‑6‑1961 but this too was not accepted. He filed an appeal before the Provincial Service Tribunal but this was rejected on 7‑4‑1977 on the ground that the Tribunal had no jurisdiction to entertain an appeal in a matter where .the order impugned had been passed prior to 1‑7‑1969. He then filed a Constitution petition in the High Court. It was dismissed in limine.
4. From the order of the High Court, it appears that the contentions of the petitioner were that even though he had submitted his resignation, he had not been informed whether it had been accepted and that he had been deprived of his pensionary rights. These contentions were clearly misconceived, for, the petitioner had been after disciplinary proceedings dismissed from service for unauthorized absence from duty. He was aware of the order of dismissal as he had filed an appeal against that order which too was dismissed. This petition is without any merit and is hereby dismissed. A.A/M-780/S Petition dismissed.