Legal Case Summary

Case Details
Case ID 25e47c17-542a-4b61-9ab7-97704a756240
Body View case body.
Case Number L32 of 1988
Decision Date May 17, 1989
Hearing Date
Decision The appeal was dismissed on the grounds that the appellant, Umar Gul Khattak, was absent without leave and had traveled abroad without proper authorization during the period of his granted leave. The tribunal found that the evidence presented indicated that Khattak had proceeded to Saudi Arabia, and the medical leave application he submitted was deemed unreliable. The tribunal upheld that the dismissal from service was justified as proper procedures had not been followed due to his absence. The decision emphasized the importance of adhering to leave protocols and the consequences of unauthorized absence for government servants.
Summary This case revolves around the dismissal of Umar Gul Khattak, a civil servant, who was initially granted 60 days of earned leave. However, he applied for additional medical leave claiming serious illness, which was not sanctioned. The authorities claimed he traveled to Saudi Arabia during his leave without proper approval. The tribunal found that he had not provided sufficient evidence to support his claim of illness and that the medical chits he submitted could easily be obtained by anyone. The case highlights the strict enforcement of leave policies for government employees and the legal ramifications of unauthorized absences. The tribunal ruled that the dismissal was justified, ensuring that government servants adhere to established protocols. Keywords: government servants, leave policy, dismissal, misconduct, legal proceedings, unauthorized absence.
Court Service Tribunal, N.W.F.P.
Entities Involved Not available
Judges MALIK MUHAMMAD PERVEZ KHAN (CHAIRMAN), TAJ MUHAMMAD KHAN (MEMBER)
Lawyers Khial Muhammad Khattak, Special Government Pleader
Petitioners UMAR GUL KHATTAK
Respondents another, INSPECTOR-GENERAL OF POLICE
Citations 1989 SLD 2273, 1989 PLC 556
Other Citations Not available
Laws Involved North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973
Sections 5, 6