| Case ID |
05ee7927-e881-47e1-986f-2be14a0d4733 |
| Body |
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| Case Number |
Service Appeal No. 4902 of 2021 |
| Decision Date |
Jun 21, 2023 |
| Hearing Date |
Jun 20, 2023 |
| Decision |
The appeal by Muhammad Sohail was dismissed due to his willful absence from duty as a police constable. The tribunal found that the disciplinary authority acted in accordance with the law, as the appellant failed to provide compelling evidence for his absence. Medical documents submitted were deemed self-prepared and unreliable. The tribunal confirmed that the appellant's long unauthorized absence warranted a finding of willful absence, leading to the dismissal of his appeal. |
| Summary |
This case revolves around Muhammad Sohail, a police constable who faced dismissal due to prolonged unauthorized absence from duty. The case was heard by the Khyber Pakhtunkhwa Service Tribunal, where it was determined that the appellant had not provided satisfactory medical documentation to justify his absence. Despite his acquittal in a separate criminal case related to the authenticity of his medical documents, the tribunal upheld the disciplinary authority's decision to dismiss him for willful absence. The tribunal emphasized the importance of proper documentation and adherence to procedural norms in such cases, highlighting that mere acquittal in criminal proceedings does not absolve an employee from disciplinary actions taken by the employer. The decision reinforces the standards of accountability and responsibility expected from public servants, particularly in maintaining attendance and duty performance. |
| Court |
Service Tribunal, KPK
|
| Entities Involved |
Not available
|
| Judges |
Kalim Arshad Khan,
Rashida Bano
|
| Lawyers |
Mr. Asadullah Khan Yousafzai,
Mr. Asad Ali Khan
|
| Petitioners |
MUHAMMAD SOHAIL
|
| Respondents |
GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary Civil Secretariat, Peshawar and others
|
| Citations |
2024 SLD 4778,
2024 PLJ 35
|
| Other Citations |
Not available
|
| Laws Involved |
Khyber Pakhtunkhwa Service Tribunal Act, 1974
|
| Sections |
4
|