Lengthy absence without leave

2013 SCMR 567 SUPREME-COURT Judicial Precedent

Arts.212(3)Hawaldar serving in Pakistan RangersMisconductLengthy absence without leaveEffectDismissal from service

Petitioner, who was serving as Hawaldar in Pakistan Rangers remained absent without leave on various dates, including one stretch for a period of 2 years, 11 months and 5 days

Petitioner was proceeded against on charge of misconduct and inquiry proceedings against him culminated in his dismissal from service

Departmental appeal filed by petitioner failed and his appeal before Service Tribunal was also dismissed

Contentions of petitioner were that he was absent on account of unavoidable circumstances; that he was falsely involved in an F.I.R. on account of which his whole family absconded and there was no one who could inform his department, and that he informed his department immediately after his acquittal from the case

Validity

No justifiable explanation was provided by the petitioner for his absence for the lengthy period of 2 years, 11 months and 5 days

Even after his acquittal, petitioner did not inform his department for more than a week

Penalty awarded to petitioner was not unwarranted in such circumstances

Petitioner had not raised any question of public importance in terms of Art.212(3) of the Constitution of warrant interference

Petition for leave to appeal was dismissed accordingly.