2012 PLP (C (PLC(CS))
ASJAD HUSSAIN Versus CHIEF ENGINEER (ADMINISTRATION) POWER, WAPDA and others
| Citation | 2012 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Sair Ali and Khilji Arif Hussain, JJ |
| Parties | ASJAD HUSSAIN Versus CHIEF ENGINEER (ADMINISTRATION) POWER, WAPDA and others |
| Primary Law | Removal from Service (Special Powers) Ordinance (XVII of 2000) |
Q1: What are the key laws and sections cited in 2012 PLP (C (PLC(CS))?
This judgment primarily cites: Removal from Service (Special Powers) Ordinance (XVII of 2000) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Sair Ali and Khilji Arif Hussain, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP (C (PLC(CS)) (ASJAD HUSSAIN Versus CHIEF ENGINEER (ADMINISTRATION) POWER, WAPDA and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. M. Khalid Farooq Advocate Supreme Court for Petitioner.
- Nemo for Respondents.
- 2. The learned Advocate Supreme Court for the petitioner has contended that the petitioner was discriminated against as some other employees of the department facing the identical charges have been given different treatment by the departmental authorities. Further that the petitioner after availing ex-Pakistan study leave of 730 days applied for extension in leave on medical ground, but the department after rejecting his reply to the show-cause notice dated 6-5-2006, removed him from service.
- 3. We have considered the submissions of the learned counsel for the petitioner and find the petitioner to have absented himself from duty without leave for four years after expiry of his sanctioned ex-Pakistan study leave of 730 days. The learned Advocate Supreme Court for the petitioner was unable to credibly explain even before us the reasons for absence of the petitioner abroad and for non-joining the service after expiry of ex-Pakistan study leave.
Headnotes / Summary
(Against judgment dated 4-2-2010 of Federal Service Tribunal, Lahore, passed in Appeal No. 601(L)CS of 2006).
Ss. 3, 5 & 10
Constitution of Pakistan, Art. 212(3)
Absence from duty without leave for four (4) years after expiry of sanctioned ex-Pakistan study leave of 730 days
Dismissal of appeal by Service Tribunal
Appellant could not credibly explain reasons for his absence abroad and non-joining service after expiry of ex-Pakistan study leave
Supreme Court dismissed petition for leave to appeal, in circumstances.
Judgment & Decree
MUHAMMAD SAIR ALI, J.
The petitioner was proceeded against for wilful absence from duty with effect from 8-1-2003 onwards under Removal from Service (Special Powers) Ordinance, 2000. Major penalty of removal from service was imposed upon him through order dated 9-9-2006 by the competent authority. His departmental appeal was rejected. The service appeal (Appeal No.601(L)CS/2006) filed by him before Federal Service Tribunal, Lahore, was also dismissed, vide impugned judgment dated 4-2-2010. Hence, this petition.
2. The learned Advocate Supreme Court for the petitioner has contended that the petitioner was discriminated against as some other employees of the department facing the identical charges have been given different treatment by the departmental authorities. Further that the petitioner after availing ex-Pakistan study leave of 730 days applied for extension in leave on medical ground, but the department after rejecting his reply to the show-cause notice dated 6-5-2006, removed him from service.
3. We have considered the submissions of the learned counsel for the petitioner and find the petitioner to have absented himself from duty without leave for four years after expiry of his sanctioned ex-Pakistan study leave of 730 days. The learned Advocate Supreme Court for the petitioner was unable to credibly explain even before us the reasons for absence of the petitioner abroad and for non-joining the service after expiry of ex-Pakistan study leave.
4. In view of the above noted position and in presence of the unexplained and unsanctioned leave of the petitioner, we do not find any question of law of public importance within the meaning of Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973 for the grant of leave to appeal. In view thereof, this petition is dismissed and leave refused. S.A.K./A-32/SC Leave refused.