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Petitioner: ASJAD HUSSAIN VS Respondent: CHIEF ENGINEER (ADMINISTRATION) POWER, WAPDA and others
Court Name: Supreme Court of Pakistan Judge(s): Khilji Arif Hussain, Muhammad Sair Ali Title:ASJAD HUSSAIN vs CHIEF ENGINEER (ADMINISTRATION) POWER, WAPDA and
others Case No.: Civil Petition No, 612-L of 2010 Date of Judgment:2011-06-08 Reported As: 2012 PLC (C.S.) 853 Result: Leave refused Judgment ORDER ' MUHAMMAD SAIR ALI, J.---The petitioner was proceeded against for wilful absence from duty with effect from 8-1-2003 onwards under Removal from Service (Special Powers) Ordinance, 2000. Major penalty of removal from service was imposed upon him through order dated 9-9-2006 by the competent authority. His departmental appeal was rejected. The service appeal (Appeal No,601 (L)CS/2006) filed by him before Federal Service Tribunal, Lahore, was also dismissed, vide impugned judgment dated 4-2-2010 Hence this petition. 2. The learned Advocate Supreme Court for the petitioner has contended that the petitioner was discriminated against as some other employees of the department facing the identical charges have been given different treatment by the departmental authorities. Further that the petitioner after availing ex-Pakistan study leave of 730 days applied for extension in leave on medical ground, but the department after rejecting his reply to the show-cause notice dated 6-5-2006, removed him from service. 3. We have considered the submissions of the learned counsel for the petitioner and find the petitioner to have absented himself from duty without leave for four years after expiry of his sanctioned ex-Pakistan study leave of 730 days. The learned Advocate Supreme Court for the petitioner was unable to credibly explain even before us the reasons for absence of the petitioner abroad and for non-joining the service after expiry of ex-Pakistan study leave. 4. In view of the above noted position and in presence of the unexplained and unsanctioned leave of the petitioner, we do not find any question of law of public importance within the meaning of
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Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973 for the grant of leave to appeal. In view thereof, this petition is dismissed and .