MUHAMMAD RIAZ, EX-CONSTABLE NO.716C vs INSPECTOR-GENERAL OF POLICE, PUNJAB
This matter arises from a petition for leave to appeal directed against the judgment of the Punjab Service Tribunal, which dismissed the petitioner's service appeal against his dismissal from the police force. The core legal question concerns the justification for dismissing an employee from a disciplinary force on the grounds of prolonged unauthorized absence from duty and whether the service tribunal's findings warranted interference under constitutional jurisdiction. The Supreme Court held that the petitioner's service record, reflecting habitual unauthorized absence and previous disciplinary penalties, justified his dismissal, and the appeal before the tribunal was rightly found to be time-barred and devoid of merit. The key principle laid down is that continued unauthorized absence from duty in a disciplined force warrants strict disciplinary action, and concurrent findings of service tribunals regarding factual matters and limitation periods will not be interfered with under Article 212(iii) of the Constitution unless a substantial question of law of public importance is made out.
- Whether unauthorized continued absence from duty in a disciplinary force justifies dismissal from service?
- Can the Supreme Court interfere with the factual findings of the Punjab Service Tribunal under Article 212(iii) of the Constitution in the absence of a substantial question of law?
- Whether an appeal barred by time before the Service Tribunal can be entertained on merits?
- Article 212(iii), Constitution of Islamic Republic of Pakistan
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.
3. It is reflected from the impugned order that his record is full of red entries showing unauthorized continued absence. He was fined many a times 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.
4. Apart 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.