Legal Case Summary

Case Details
Case ID 0a6d30c1-c529-4501-8445-46ca1a929519
Body View case body.
Case Number Civil Petition for Special Leave to Appeal No.37-R
Decision Date Feb 07, 1990
Hearing Date
Decision The Supreme Court of Pakistan granted leave to appeal to the petitioner against the Federal Service Tribunal's order, which had reinstated the respondent in service. The court considered the main question of whether a government servant who did not apply for an extension of leave after it expired and remained absent from duty could face disciplinary action. The court determined that this question required further consideration, leading to the granting of leave to appeal. The implementation of the Federal Service Tribunal's order was stayed until further proceedings.
Summary This case revolves around the legal implications of a government servant's absence from duty without applying for an extension of leave. The Supreme Court of Pakistan reviewed the circumstances under which the respondent, a Superintendent in M.E.S., was removed from service after failing to report for duty post-leave. The court emphasized the importance of considering the medical leave and the respondent's health issues, as well as the procedural aspects of disciplinary actions against government employees. The ruling highlights the balance between administrative authority and the rights of civil servants, ensuring that due process is followed in such disciplinary matters. This case is significant for understanding the legal frameworks surrounding civil service regulations and the rights of employees within government institutions. Keywords related to civil service law, disciplinary action, and employee rights are crucial for SEO optimization.
Court Supreme Court of Pakistan
Entities Involved E.INC, G.H.Q., RAWALPINDI
Judges S. USMAN ALI SHAH, ABDUL QADEER CHAUDHRY
Lawyers Not available
Petitioners MUHAMMAD ASHRAF BAJWA
Respondents Not available
Citations 1991 SLD 1311, 1991 SCMR 1653
Other Citations Not available
Laws Involved Constitution of Pakistan (1973)
Sections Art. 212(3)