Major Dr. GHULAM RASUL vs CHIEF SECRETARY GOVT. OF PUNJAB and others
This matter arises from a petition for leave to appeal against the judgment of the Punjab Service Tribunal upholding the petitioner's dismissal from service for willful and unauthorized absence from duty amounting to misconduct. The core legal question concerns the proportionality and appropriateness of the penalty of dismissal awarded to the petitioner following disciplinary proceedings and an inquiry report. The Supreme Court granted leave to appeal restricted solely to the question of the quantum of punishment awarded to the petitioner, directing the appeal to be made ready for hearing on the present record with permission to file additional documents. The key principle laid down is that the Supreme Court may grant leave to examine the proportionality of a departmental punishment inflicted upon a civil servant in appropriate circumstances.
- Whether the penalty of dismissal from service for unauthorized absence from duty is disproportionate?
- Can leave to appeal be granted solely to consider the question of punishment awarded in service matters?
ORDER
1. ' S.USMAN ALI SHAH, J.---The petitioner seeks leave to appeal against the judgment of the Punjab Service Tribunal, dated 16-10-1985, arising out of a notification dated 26-12-1984, whereby the petitioner was dismissed by the respondents Nos.1 and 2 from the service as a result of an Enquiry report conducted by Dr.Altaf Hussain Gardezi, Assistant Director, Health Services, Multan Division being an Enquiry Officer. The petitioner was afforded opportunity of personal hearing before the Additional Chief Secretary Govt. Of the Punjab, Services General Administration and Information Department who had been designated by the Authority for the said purpose and who made recommendations to the Chief Secretary, Government of the Punjab of the said enquiry. The allegation against the petitioner was that he remained absent from his duty w,e,f. 3-2-1978 wilfully and unauthorizedly, which made him guilty of misconduct. Review petition of the petitioner before the Governor of the Punjab was not decided within 90 days, thereafter he filed an appeal before the Punjab Service Tribunal which was dismissed, vide judgment dated 16-10-1985.
2. After hearing the learned counsel for the petitioner and having gone through the enquiry proceedings and finding of the learned Tribunal, we grant leave in this case only to consider the question of punishment awarded to the petitioner. The appeal may be made ready for hearing at an early date on the present record. The parties are, however, directed to file additional necessary documents, if any.