1992 PLP (C (PLC(CS))
ALLAH DITTA Versus DIRECTOR OF EDUCATION, COLLEGES, BAHAWALPUR DIVISION,
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Service Tribunal Punjab |
| Bench Members | Muhammad Mehmud Aslam Pirzada, Chairman and Abdul Hamid Khan, |
| Parties | ALLAH DITTA Versus DIRECTOR OF EDUCATION, COLLEGES, BAHAWALPUR DIVISION, |
| Primary Law | (b) Civil service, (a) Punjab Civil Servants Act (VIII of 1974) |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: (b) Civil service, (a) Punjab Civil Servants Act (VIII of 1974) 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 Punjab bench comprising: Muhammad Mehmud Aslam Pirzada, Chairman and Abdul Hamid Khan,.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (ALLAH DITTA Versus DIRECTOR OF EDUCATION, COLLEGES, BAHAWALPUR DIVISION,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Saleh Siddiqui for Appellant.
- Ch. Manzoor Hussain, D.A. for Respondents.
- Date of hearing: 10th October, 1990.
Headnotes / Summary
S. 17
Revised Leave Rules, 1981, Rr. 9 & 11
Grant of leave was a matter of discretion with competent authority and it could not be deemed as a right
Civil servant had remained on extraordinary leave for period of more than four years
Leave without pay could be granted on any ground upto a maximum period of five years under R. 9 of Rules, 1981, but it would not imply that it was obligatory on competent Authority to sanction such leave in all events
Since competent authority had decided not to grant any extension in extraordinary leave to civil servant, power and competence of competent Authority to refuse leave could not be challenged unless malice was attributed to such authority
Mere fact that civil servant had submitted an application for extension in leave would not give him any right to take the sanction for granted and presume that leave had been sanctioned.
Where a Government servant had remained absent even for more than 5 years, termination of his service on ground of such absence, would not be automatic, but could only be brought about through due process of law
Punishment of termination of service on allegation of wilful absence from duty having been awarded to civil servant without holding any enquiry and without affording him opportunity to clear his position in prescribed manner, it would amount to denial of natural justice to civil servant
Orders of Authorities below terminating services of civil servant were set aside being void ab initio and he was reinstated in service.
Judgment & Decree
Appeal No. 635 of 1989, decided on 3rd December, 1990. (a) Punjab Civil Servants Act (VIII of 1974)
S. 17
Revised Leave Rules, 1981, Rr. 9 & 11
Grant of leave was a matter of discretion with competent authority and it could not be deemed as a right
Civil servant had remained on extraordinary leave for period of more than four years
Leave without pay could be granted on any ground upto a maximum period of five years under R. 9 of Rules, 1981, but it would not imply that it was obligatory on competent Authority to sanction such leave in all events
Since competent authority had decided not to grant any extension in extraordinary leave to civil servant, power and competence of competent Authority to refuse leave could not be challenged unless malice was attributed to such authority
Mere fact that civil servant had submitted an application for extension in leave would not give him any right to take the sanction for granted and presume that leave had been sanctioned. (b) Civil service
Where a Government servant had remained absent even for more than 5 years, termination of his service on ground of such absence, would not be automatic, but could only be brought about through due process of law
Punishment of termination of service on allegation of wilful absence from duty having been awarded to civil servant without holding any enquiry and without affording him opportunity to clear his position in prescribed manner, it would amount to denial of natural justice to civil servant
Orders of Authorities below terminating services of civil servant were set aside being void ab initio and he was reinstated in service. M. Saleh Siddiqui for Appellant. Ch. Manzoor Hussain, D.A. for Respondents. Date of hearing: 10th October, 1990.