| Case ID |
1a47cbe7-b519-4bac-b255-78f5f0e2a05c |
| Body |
View case body. Login to View |
| Case Number |
Appeal No.2017 of 2005 |
| Decision Date |
May 03, 2006 |
| Hearing Date |
May 03, 2006 |
| Decision |
The appeal was directed against the dismissal of the appellant, Faiz Ahmad, from service due to alleged wilful absence from duty. The appellant contended that his absence was due to a serious illness, supported by medical certificates, and that the authority had regularized his absence by granting him leave without pay. The Tribunal found that since the authority had already recognized the absence as leave, the grounds for dismissal ceased to exist. Consequently, the Tribunal set aside the dismissal orders, reinstated the appellant, and considered the period of absence as leave of the kind due. |
| Summary |
This case revolves around the dismissal of Faiz Ahmad, an ex-constable, from service on the grounds of wilful absence. The appellant argued that the absence was due to serious illness, evidenced by medical certificates. Notably, the authority had regularized the period of absence by granting leave without pay, which eliminated the basis for dismissal. The Tribunal ruled in favor of the appellant, reinstating him and treating his absence as official leave. This case highlights the importance of proper documentation and the authority's responsibility in recognizing valid medical leave. Key legal principles include the regularization of absence under the Punjab Civil Servants (Efficiency and Discipline) Rules, 1999, and the precedents set by the Supreme Court of Pakistan. The judgment underscores the necessity for fair treatment of civil servants and adherence to procedural justice in disciplinary actions. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL,
K.B. ABID
|
| Lawyers |
Mehmood Ahmad Qazi,
Rana Muhammad Yasin
|
| Petitioners |
FAIZ AHMAD EX-CONSTABLE NO.241
|
| Respondents |
CAPITAL CITY POLICE OFFICER and another
|
| Citations |
2006 SLD 1803,
2006 PLC 973
|
| Other Citations |
2006 SCMR 434
|
| Laws Involved |
Punjab Civil Servants (Efficiency and Discipline) Rules, 1999,
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
R. 4(b)(v),
S.4
|