GHOUS BUKHSH vs COMMANDER (A&Q) CHOLISTAN RANGERS, RAHIM YAR KHAN S — 2021 PLC(CS) 107 SUPREME-COURT

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GHOUS BUKHSH VS COMMANDER (A&Q) CHOLISTAN RANGERS, RAHIM YAR KHAN S. 15(1)---Member of Pakistan Rangers---Absence from duty for 12 days without a valid reason and authorization---Misconduct---Dismissal from service converted into removal from service---Plea of petitioner that he had a genuine reason for his absence, namely, the involvement of his mother in an accident and therefore, he had to leave his post in an emergency---Held, that admittedly leave was not obtained by the petitioner nor was any written application submitted by him for seeking such leave---During the period of his absence his mobile phone remained switched off---When the petitioner's Sector Commander received a SMS message from the petitioner, he wanted to contact him but the petitioner was not available---Petitioner's mother was admittedly advised rest for a few days after her thigh injury had been attended to---In the circumstances, the petitioner could have returned immediately thereafter, which he did not---Petitioner did not have a valid reason to remain absent from duty for 12 days---Petitioner belonged to a disciplined force/service and his absence from duty without authorization was a serious misconduct---Service record of petitioner showed that it was the third time during his service span that he remained absent without authorization---Action taken against the petitioner was justified, however the severity of the punishment of dismissal was the consequence that the petitioner could not seek government employment in any other department or office---Petitioner was an able bodied young man and may qualify for government employment where strict discipline was not enforced---Consequently, petition for leave to appeal was converted into appeal and partly allowed converting the petitioner's penalty of dismissal into removal from service.

GHOUS BUKHSH vs COMMANDER (A&Q) CHOLISTAN RANGERS, RAHIM YAR KHAN S — 2021 PLC(CS) 107 SUPREME-COURT

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