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SECRETARY ELEMENTARY AND SECONDARY EDUCATION DEPARTMENT, GOVERNMENT OF KHYBER PAKHTUNKHWA, PESHAWAR vs NOOR-UL-AMIN Failure to report to duty on expiry of ex-Pakistan leave — 2021 SCMR 959 SUPREME-COURT

Case information

Citation
2021 SCMR 959 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
SECRETARY ELEMENTARY AND SECONDARY EDUCATION DEPARTMENT, GOVERNMENT OF KHYBER PAKHTUNKHWA, PESHAWAR vs NOOR-UL-AMIN Failure to report to duty on expiry of ex-Pakistan leave
Subject matter
Service

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

SECRETARY ELEMENTARY AND SECONDARY EDUCATION DEPARTMENT, GOVERNMENT OF KHYBER PAKHTUNKHWA, PESHAWAR VS NOOR-UL-AMIN Failure to report to duty on expiry of ex-Pakistan leave---Removal from service---Service Tribunal by way of impugned judgment converted the major penalty of removal from service into a major penalty of compulsory retirement with effect from the date of his absence, and the absence period was treated as unauthorized absence---Tribunal proceeded to modify the penalty on two counts; one that no regular inquiry was conducted and the other that the respondent had 10 years' service---Legality---Held, that the very fact of respondent-civil servant remaining absent was not a disputed fact and thus there was no occasion for holding a regular inquiry in the matter---Being an employee for 10 years did not give any authority to the respondent on the basis of which he could stay away from his job continuously for years altogether and thus, such ground could not have been pressed for modifying the penalty imposed by the department upon the respondent giving premium to him for his misconduct---More so, looking at the travelling history of the respondent, it showed that almost twelve times the respondent had visited abroad and returned to Pakistan showing that he was involved in some other activities and thus was not interested in continuing his government service---In such circumstances the modification of penalty by the Tribunal was not in accordance with law---Impugned judgment to the extent of modification of penalty was set aside and the appeal to such extent was allowed.

Other judgments reported in 2021 SCMR

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