MUHAMMAD JAVED MUGHAL vs THE SECRETARY TO GOVERNMENT OF PUNJAB, EDUCATION DEPARTMENT and others

This petition for leave to appeal was filed against an order of the Punjab Service Tribunal dated 7-6-1981, which had dismissed the appellant's grievance regarding his employment status. The core legal question before the Supreme Court was whether the appellant had demonstrated sufficient grounds to challenge the Tribunal's finding that he had been afforded ample opportunity to resume his duties but had willfully chosen to remain absent. Upon reviewing the matter, the Supreme Court questioned the appellant's counsel regarding the factual basis for challenging this specific observation made by the Tribunal. The counsel failed to provide a satisfactory explanation or justification for the appellant's prolonged absence despite the opportunities provided by the employer. Consequently, the Supreme Court held that no valid ground for leave to appeal was established. The principle laid down is that where a service tribunal has recorded a finding of fact regarding a public servant's willful absence after being given ample opportunity to resume duty, and the appellant fails to controvert such findings, leave to appeal will not be granted.