TASAWAR HUSSAIN vs DEPUTY COMMISSIONER DISTRICT JELHUM Ss — 2023 PLC(CS) 69 SUPREME-COURT

Case information

Citation: 2023 PLC(CS) 69 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: PLC
Parties: TASAWAR HUSSAIN vs DEPUTY COMMISSIONER DISTRICT JELHUM Ss
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

TASAWAR HUSSAIN VS DEPUTY COMMISSIONER DISTRICT JELHUM Ss. 4(1)(b)(v) & 4(1)(b)(vi)---Willful absence from duty---Penalty of dismissal from service converted to removal from service---Appellant remained absent from duty for a long period of 23 months without taking leave---Only defence put by him was that a fake criminal case was registered against him, therefore, due to fear of illegal persecution he absconded from the country---However, nothing had estopped the appellant to at least inform his department but he neither applied for leave nor informed his office---During his absence, the inquiry proceedings started against him and inquiry officer also issued publication qua absence of the appellant in newspaper and after fulfilling all requirements of inquiry proceedings recommended that the penalty of removal from service---Competent authority (disagreeing with the inquiry officer) instead imposed major penalty of dismissal from service---Enhancement of the penalty of removal from service into dismissal from service was not sustainable in the eyes of law and coupled with appellant's length of service and the fact that he had already suffered hardship, it was appropriate to modify the penalty of dismissal from service into removal from service---Appeal was partly allowed with the said modification of punishment.

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