| Case ID |
37cb93e9-a95d-46b9-a81c-3f2a65bd01d9 |
| Body |
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| Case Number |
Appeal No.1206(R)C.S. of 2005 |
| Decision Date |
Feb 06, 2008 |
| Hearing Date |
Jan 26, 2008 |
| Decision |
The appeal was dismissed based on the findings that the appellant had engaged in unauthorized absence from duty for an extensive period, which was treated as a major infraction warranting dismissal. The Tribunal upheld the employer's right to enforce discipline and emphasized that the appellant's request for voluntary retirement was not valid while a departmental inquiry was pending. The appellant's claims regarding the availability of leave and the treatment of his absence were also rejected, affirming the importance of compliance with duty reporting requirements, particularly within sensitive government organizations. |
| Summary |
This case involves the appeal of Rashid Mahmood Ansari against his dismissal from service due to unauthorized absence. The Federal Service Tribunal examined the legal implications of the Removal from Service Ordinance and the Service Tribunals Act. The Tribunal found that the appellant's absence for nearly two years, which he attributed to personal circumstances, did not justify his failure to report for duty after being granted extensions. The decision emphasizes the importance of discipline within civil service, particularly in organizations tasked with national security. It highlights the legal framework governing civil servant conduct, the rights to seek voluntary retirement, and the procedural requirements that must be followed. The case also underscores the necessity for government employees to adhere to established reporting protocols and the potential consequences of prolonged absence from duty. Key legal concepts discussed include the authority of the tribunal, the rights of employees, and the limitations imposed by ongoing inquiries. This ruling serves as a critical reference for similar cases involving civil servant discipline and the enforcement of organizational regulations. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Intelligence Bureau
|
| Judges |
RASHID MAHMOOD ANSARI,
SAEED AHMED ZAIDI,
RIAZ MUHAMMAD
|
| Lawyers |
Jahangir Khan Jadoon,
Javed Aziz Sandhu,
Ghulam Murtaza
|
| Petitioners |
RASHID MAHMOOD ANSARI
|
| Respondents |
DIRECTOR-GENERAL, INTELLIGENCE BUREAU (IB) HEADQUARTERS, ISLAMABAD
|
| Citations |
2008 SLD 1274,
2008 PLC 630
|
| Other Citations |
1988 PLC (C.S.) 897,
2000 PLC (C.S.) 168
|
| Laws Involved |
Removal from Service (Special Powers) Ordinance, (XVII of 2000),
Service Tribunals Act, 1973
|
| Sections |
3(1)(b),
5,
10,
4
|