2011 SCMR 1429 (PLP)
MUHAMMAD ILYAS SHEIKH — Petitioner Versus SECRETARY/CHAIRMAN, MINISTRY OF RAILWAYS and others — Respondents
| Citation | 2011 SCMR 1429 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mahmood Akhtar Shahid Siddiqui and Mian Saqib Nisar, JJ |
| Parties | MUHAMMAD ILYAS SHEIKH — Petitioner Versus SECRETARY/CHAIRMAN, MINISTRY OF RAILWAYS and others — Respondents |
| Primary Law | Government Servants (Efficiency and Discipline) Rules, 1973 |
Q1: What are the key laws and sections cited in 2011 SCMR 1429 (PLP)?
This judgment primarily cites: Government Servants (Efficiency and Discipline) Rules, 1973 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 SCMR 1429 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mahmood Akhtar Shahid Siddiqui and Mian Saqib Nisar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 SCMR 1429 (PLP) (MUHAMMAD ILYAS SHEIKH — Petitioner Versus SECRETARY/CHAIRMAN, MINISTRY OF RAILWAYS and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Kamil Hussain Naqvi, Advocate Supreme Court with Imtiaz A. Shaukat, Advocate-on-Record and Rana Habib-ur-Rehman, Advocate Supreme Court for Petitioner.
- Nemo for Respondents.
- Date of hearing: 3rd June, 2011.
Headnotes / Summary
(Against the order dated 28-6-2010 passed by Federal Service Tribunal, Lahore in Appeal No. 230-L of 2007).
Rr. 4(1)((b)(iv)
Service Tribunals Act (LXX of 1973), S. 4
Constitution of Pakistan, Art. 212(3)
Absence from duty without sanctioned leave after expiry of ex-Pakistan medical leave--Non-joining of duty by appellant after department refused his request for three years further leave
Dismissal of appeal by Service Tribunal
Appellant himself was not available for personal hearing as he was out of Pakistan as per his own request for extension of leave
No rule of natural justice or requirement of law regarding notice or hearing or about regular enquiry had been infringed
Department had not committed any illegality in proceeding against appellant particularly after refusal of his request for extension of leave, he did not join duty, which he was bound to do
Appellant had not raised any substantial question of law of public importance
Supreme Court dismissed petition for leave to appeal in circumstances.
Judgment & Decree
MIAN SAQIB NISAR, J.
The petitioner after having obtained ex-Pakistan leave w.e.f. 20th July, 2001 to 17-9-2001 on account of the indisposition of his wife did not join the duty on the expiry of the leave period but requested for three years further leave from 17-9-2001. This request was disallowed by the department and despite the petitioner did not join the duty. Resultantly, show-cause notice was issued and while dispensing with the regular inquiry, major penalty from service to the petitioner was imposed by the department vide order dated 3-6-2002. The departmental appeal also could not succeed. And this, remains the result of his service appeal as well.
2. We are not convinced, if any illegality has been committed by the department in proceedings against the petitioner particularly in the circumstances, when he after the refusal of the extension of leave did not resume his duty which he was bound to do, besides, he himself was not available for personal hearing because he was out of Pakistan as per his own request for the extension, thus, he cannot make a grouse that any rule of natural justice or the requirement of law regarding notice or hearing, or about the regular inquiry has been infringed. This petition does not raise, any substantial question of law having nexus to public importance. Therefore, it is not covered by Article 212 of the Constitution of Islamic Republic of Pakistan, 1973. Therefore, it has no merit and is hereby dismissed. Leave refused. S.A.K./M-43/SC Leave refused.