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1991 SCMR 1846

AHSAN A. SHAQUE vs THE DIRECTOR GENERAL (CENTRAL) DIRECTORATE OF

Citation1991 SCMR 1846
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 599 of 1990 Appeal No. 38(R)/90
Date1991-05-04
Judge(s)Muhammad Afzal Zullah, Muhammad Afzal Lone
ResultLeave refused

ORDER

1. MUHAMMAD AFZAL ZULLAH, CJ.---Leave to appeal has been sought in this service matter against the dismissal by the Federal Service Tribunal of petitioner's appeal except that his removal from service was altered into compulsory retirement.

2. Although technical questions have also been raised regarding the inquiry, learned counsel has not denied that according to record the petitioner was relieved of the charge on account of order of transfer on 16-6-1986. He did not assume the charge at the new place, instead he challenged the orders of his transfer. Learned counsel, however, has argued that a stay order having been issued by a competent forum on 26-5-1986, the period of absence should not have been counted against the petitioner.. We do not agree with him. Even if a valid stay order was passed on 26-5-1986 m the circumstances of the case it could not have any retrospective effect. Accordingly, the period from 16-4-1986 to 26-5-1986 would be treated as of not only "absence from duty" but also a "serious defiance and disobedience of the orders of transfer". The petitioner was no more fit to be retained as a civil servant. For this reason alone we do not consider it a fit case for grant of leave to appeal.

3. The same is refused. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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