1992 PLP (C (PLC(CS))
Dr. MUHAMMAD IQBAL QURESHI Versus AZAD JAMMU AND KASHMIR GOVERNMENT and another
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Service Tribunal And J&K |
| Bench Members | Sardar Muhammad Sajawal Khan, Chairman and Raja Muhammad Ashraf Kayani, Member |
| Parties | Dr. MUHAMMAD IQBAL QURESHI Versus AZAD JAMMU AND KASHMIR GOVERNMENT and another |
| Primary Law | (b) Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977, (c) Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977, (a) Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977 |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: (b) Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977, (c) Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977, (a) Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?
The case was heard and decided by the Service Tribunal And J&K bench comprising: Sardar Muhammad Sajawal Khan, Chairman and Raja Muhammad Ashraf Kayani, Member.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (Dr. MUHAMMAD IQBAL QURESHI Versus AZAD JAMMU AND KASHMIR GOVERNMENT and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sardar Rafique Mahmood for Appellant.
- Raja Muhammad Hanif Khan for Respondents.
Headnotes / Summary
Rr. 5 & 6
Absence from duty without leave-- Appellant, a Medical Officer in Health Department, proceeded on ten days casual leave and did not join back for duty for period of five years
Appellant's request for furlough leave for one year was refused
Appellant's continuous absence extending over a long period of five years without leave did not show good service conduct on his part
Appellant was stated to have set up a private clinic in his home town also without permission
Appellant was served a notice through a daily newspaper for resuming duty and on his failure to resume duty he was charge-sheeted and removed from service
Record showed :hat appellant was duly informed of impugned order well in time and he had enough opportunity to have recourse to legal remedy
Appellant did not produce any evidence to disprove that he was informed of impugned order after passing of the same
Appellant's review petition was filed before Government after an interval of eleven years whereas he was required to submit same within sixty days
No reasons to condone such a long delay existed
Presumption of facts was against appellant Appeal being time barred, was dismissed.
Rr. 5 & 6
Leave could not be claimed as of right and always be obtained at the discretion of senior officer.
Rr. 5 & 6
Inquiry Officer had no jurisdiction to recommend leave of absence nor it was function of Screening Committee to recommend for next higher promotion.
Judgment & Decree
(a) Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977
Rr. 5 & 6
Absence from duty without leave-- Appellant, a Medical Officer in Health Department, proceeded on ten days casual leave and did not join back for duty for period of five years
Appellant's request for furlough leave for one year was refused
Appellant's continuous absence extending over a long period of five years without leave did not show good service conduct on his part
Appellant was stated to have set up a private clinic in his home town also without permission
Appellant was served a notice through a daily newspaper for resuming duty and on his failure to resume duty he was charge-sheeted and removed from service
Record showed :hat appellant was duly informed of impugned order well in time and he had enough opportunity to have recourse to legal remedy
Appellant did not produce any evidence to disprove that he was informed of impugned order after passing of the same
Appellant's review petition was filed before Government after an interval of eleven years whereas he was required to submit same within sixty days
No reasons to condone such a long delay existed
Presumption of facts was against appellant Appeal being time barred, was dismissed. (b) Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977
Rr. 5 & 6
Leave could not be claimed as of right and always be obtained at the discretion of senior officer. (c) Azad Jammu and Kashmir Civil Servants (Efficiency and Discipline) Rules, 1977
Rr. 5 & 6
Inquiry Officer had no jurisdiction to recommend leave of absence nor it was function of Screening Committee to recommend for next higher promotion. Sardar Rafique Mahmood for Appellant. Raja Muhammad Hanif Khan for Respondents.