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Petitioner: Sh. NAZIR AHMAD VS Respondent: PUNJAB SERVICE TRIBUNAL, LAHORE and 2 others
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Shafi-ur-Rehman Title: Sh. NAZIR AHMAD vs PUNJAB SERVICE TRIBUNAL, LAHORE and 2 others Case No.: Civil Petition for Leave to Appeal No,990 of 1982 Date of Judgment:1988-08-09 Reported As: 1989 SCMR 1217 Result: Leave granted
JUDGMENT
JUDGMENT ' SHAFIUR RAHMAN, J.---The Petitioner seeks leave to appeal against the judgment/order of the Service Tribunal dated 5-10-1982 whereby his appeal was dismissed by the Service Tribunal. ' The Service Tribunal has held that the Petitioner had not at all availed of the departmental remedy and, therefore, his direct appeal to the Tribunal was not competent. On merits the Tribunal held that he had not obtained sanction of the leave applied for by him. ' According to the learned counsel for the Petitioner both these grounds were not borne out from the record and are actually contradicted by it. ' As regards the first ground, the Tribunal itself noted on 5-5-1981 as 'follows:- "The learned counsel for the appellant has submitted that an appeal has been filed on behalf of the appellant before the appellate authority and the result is still awaited. He has requested for short adjournment. To come up on 23-6-1981. ' The next order passed on 23-6-1981 also takes note of the appeal filed, in the following words:- "The learned counsel stated that the appellate authority is not taking decision on the appeal preferred by the appellant. The appeal was filed on 2-5-81. This appeal will now come up for hearing on 1-10-1981 unless the appellate authority takes a decision on the appeal of the appellant in which case the appellant or his counsel will inform this Court." ' The other documents also support that his appeal was retained by the Director Education, comments obtained and merits examined. ' As regards the merits, we find that the order dated 14-1-1981 terminates his service w.e.f, 19-6-1979 due to his continuous wilful absence from duty. There is an order of the Deputy Education Officer,
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dated 16-11-1980 to the following effect which is Annexure 'C' referred to by the petitioner, in his Grounds of Appeal before the Tribunal:- "Sanction is hereby accorded to the grant of leave on private affairs in favour of Mr. Nazir Ahmad J.V. Teacher G.P.S. Waslia Salam for the period from 30-9-1980 to 27-10-1980 and 28-10-1980 to 26- 11-1980 on full pay under Leave Rules, 1978." Those documents and orders necessitate a re-examination of the findings recorded by the Service Tribunal for which leave to appeal is granted. The appeal A shall be made ready for hearing on the present record with liberty to parties to file such additional documents.