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DIRECTOR GENERAL, DIRECTORATE GENERAL OF TRAINING AND RESEARCH (INLAND REVENUE), LAHORE vs IJAZ YOUNAS S — 2021 SCMR 710 SUPREME-COURT

Case information

Citation
2021 SCMR 710 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
DIRECTOR GENERAL, DIRECTORATE GENERAL OF TRAINING AND RESEARCH (INLAND REVENUE), LAHORE vs IJAZ YOUNAS S
Subject matter
Service
Provisions referred to
S. 5---F

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

DIRECTOR GENERAL, DIRECTORATE GENERAL OF TRAINING AND RESEARCH (INLAND REVENUE), LAHORE VS IJAZ YOUNAS S.5---Federal Service Tribunal ('the Tribunal'), powers of---Scope---Unauthorized continuous absence from duty---Penalty of dismissal from service imposed upon civil servant (respondent) by the departmental authorities converted into compulsory retirement by the Tribunal---Legality---Case record showed that the appellant-department sent repeated notices calling upon the respondent to join duty but he consistently failed to do so---Respondent also failed to participate in the departmental proceedings initiated against him---Charge sheet and statement of allegations were sent to the respondent which were received by his spouse, but even then he did not participate in the proceedings---Respondent was all along aware of the proceedings being taken against him by the department, but he consciously and deliberately stayed away from the same---On proof of the charges against him, the respondent was called upon to explain why major penalty should not be imposed upon him to which he failed to give any satisfactory response---No material was available on record to support the conclusion of the Tribunal that despite proof of all charges against the respondent, there were mitigating circumstances and the harsh penalty of dismissal from service was not commensurate with the enormity of allegations levelled and proved against the respondent---Such finding of the Tribunal was wholly unsupported by the record---Appeal was allowed, impugned judgment of Tribunal was set-aside, and penalty of dismissal from service imposed upon the respondent by the department was restored.

Other judgments reported in 2021 SCMR

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