MUHAMMAD YOUSAF vs DIRECTOR GENERAL, PAKISTAN RANGERS
This petition for leave to appeal before the Supreme Court of Pakistan challenged a judgment of the Federal Service Tribunal, which had dismissed the petitioner's appeal against an order of compulsory retirement from service. The petitioner, a member of the Pakistan Rangers, was compulsorily retired following a departmental inquiry after failing to report for duty upon the expiry of leave and submitting a medical certificate from a private practitioner, contrary to applicable rules. Before the Supreme Court, the sole ground raised by the petitioner was that the sentence imposed was overly harsh. The Supreme Court held that since the plea regarding the severity of the sentence was not raised before the Service Tribunal, it could not be permitted to be raised for the first time before the Supreme Court. The Court further noted that because the punishment awarded was legal, interference was not justified, and accordingly dismissed the petition for leave to appeal.
- Can a fresh plea regarding the severity of a disciplinary sentence be raised for the first time before the Supreme Court when it was not raised before the Federal Service Tribunal?
- Does the Supreme Court justify interference with a departmental punishment that is otherwise legally awarded?
- Pakistan Rangers (Leave) Rules 1981
ORDER
1. ABDUL QADIR SHAIKH, J.--This is a petition for leave to appeal from the judgment of Federal Service Tribunal dismissing petitioner's appeal against the order of his compulsory retirement from service. The aforesaid order was passed against the petitioner after a departmental enquiry on the charge that he had failed to report on duty on the expiry of leave. The Service Tribunal held that there was no defect in the departmental enquiry held against the petitioner and "the charge that he was guilty of misconduct in so far so, that while on leave he obtained a medical certificate from a private practitioner to justify his absence, knowing well that the same is not acceptable as per Pakistan Rangers (Leave) Rules, 1981 stands substantiated against the appellant and betrays an irresponsible attitude from a member of a disciplined force which can hardly be approved."
2. The only plea raised by the learned counsel for the petitioner in support of this petition for leave to appeal from the judgment of the Service Tribunal was that the petitioner was harshly treated in the matter of sentence.
3. This plea was not raised on behalf of the petitioner before the Service Tribunal and he cannot, therefore, be allowed to raise this fresh plea for the first time before this Court. Even otherwise since the petitioner has been awarded the punishment which is otherwise legal, interference would not be justified. The petition is, therefore, dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.