2021 PLC(CS)N 21 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation: 2021 PLC(CS)N 21 SUPREME-COURT-AZAD-KASHMIR
Court: Supreme Court of Pakistan
Year: 2021
Reporter: PLC
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SARFRAZ GUL VS DISTRICT HEALTH OFFICER MUZAFFARABAD HAVING OFFICE AT NEW DISTRICT COMPLEX, MUZAFFARABAD Permanent employee of government department, was proceeded against on the allegation of absence from duty for a long period and was removed from service in the light of inquiry report---Contentions of employee were that he remained present on duty but was shown absent with mala fide intention; that his service was terminated without holding proper inquiry; that neither any notice was served upon him nor was he ever associated in any inquiry and that an officer of the department certified that the appellant remained present on duty till the year of his termination---Service Tribunal dismissed the appeal---Validity---Employee had categorically mentioned in his appeal before Service Tribunal that another person (respondent) was temporarily appointed against his vacancy in the year 2009 but contrarily claimed that he had remained present on duty all the time---Claim of employee was self-destructive---Certificate relied upon by the employee was a facsimile copy, neither it was original nor attested, thus, legally not admissible in evidence---Mere argument that the proceedings of inquiry were not conducted according to law was no ground because it was the duty of the employee to justify his absence from duty---Employee had failed to point out any illegality or infirmity in the impugned judgment justifying interference---Appeal was dismissed.

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