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Petitioner: ABDUL MAJID VS Respondent: CHAIRMAN, WAPDA and 2 others
Court Name: Supreme Court of Pakistan Judge(s): Shafi-ur-Rehman, Saad Saood Jan Title: ABDUL MAJID vs CHAIRMAN, WAPDA and 2 others Case No.: Civil Petition for Leave to Appeal No, 224 of 1988 Date of Judgment:1989-08-02 Reported As: 1990 SCMR 1458 Result: Leave refused
Judgment ORDER ' SHAFIUR RAHMAN, J.---The petitioner whose appeal was accepted by the Service Tribunal and whose reinstatement in service was ordered, feels aggrieved by that part of the order whereby back benefits have been denied to him. He seeks leave to appeal under Article 212(3) of the Constitution against that part of the order of the Service Tribunal dated 11-1-1988 which is Otherwise to his benefit. 2. While denying the back benefits, the Tribunal has given the following reasons in justification of it:- - "For the reasons recorded above, we set aside the impugned order and direct that the appellant shall be reinstated in service, with no order of back benefits as the appellant had landed himself on the platform of disciplinary action by his own conduct by remaining absent from duty without getting his leave sanctioned and has succeeded in this appeal on technical ground of flaw in the inquiry proceedings." The accuracy of the reason given is not challenged. It is a good and sufficient reason for denying the back benefits and the Service Tribunal had under the law the power to pass such an order. No question of law arises and leave to appeal is refused.
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