MUHAMMAD RIAZ, EX-CONSTABLE No,716C vs INSPECTOR-GENERAL OF PUNJAB POLICE
The petitioner, an ex-constable, sought leave to appeal against a judgment of the Punjab Service Tribunal which dismissed his appeal against his dismissal from service. The petitioner had been dismissed by the competent authority due to continued unauthorized absence from duty, a charge supported by his service record which contained numerous red entries and prior disciplinary actions, including a previous dismissal. The Service Tribunal had dismissed his appeal on the grounds of being time-barred and on merits. The Supreme Court examined the petition and found that the petitioner's service record demonstrated a lack of interest in government service, particularly within a disciplinary force. Furthermore, the Court determined that the contentions raised by the petitioner's counsel did not satisfy the requirements for interference under Article 212(iii) of the Constitution. Consequently, the Supreme Court refused to grant leave to appeal, affirming the dismissal of the petitioner from service.
- Does a history of continued unauthorized absence and prior disciplinary actions justify dismissal from a disciplinary force?
- Does a petition challenging a Service Tribunal's dismissal on merits and limitation grounds meet the criteria for leave to appeal under Article 212(iii) of the Constitution?
- Article 212(iii), Constitution of Islamic Republic of Pakistan 1973
ORDER
'TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment dated 21st December, 1999 whereby learned Chairman of the Punjab Service Tribunal dismissed the appeal filed by the petitioner.
2. Facts briefly are that petitioner was charge-sheeted on 10-1-1994 for his continued absence from duty which he did not respond in spite of notice. The Competent Authority, after examining his entire record dismissed him from service through an order w,e,f, 28th of February, 1994. He filed appeals before D.I.-G. As well as before I.-G., both of which were rejected as he could not render explanation for his long absence. He filed an appeal before the Service Tribunal which has been dismissed not only being barred out time but also on merit through impugned judgment. Hence this petition for leave to appeal.
' It is reflected from the impugned order that his record is full of red entries showing unauthorized continued absence. He was fined many a time and was earlier dismissed from service. He, however, was reinstated subsequently. The learned Tribunal has rightly held that he did not have any interest in the Government service particularly so when it is a disciplinary force.
' A part from this, the points urged by the learned counsel for the petitioner does not bring his case within the purview of Article 212(iii) of the Constitution of Islamic Republic of Pakistan. Resultantly for what has been stated above, the petition is dismissed and leave is refused. #EndJudgment
Cited by 1 case
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