ISLAMABAD: The Supreme Court has set aside Khyber-Pakhtunkhwa Service Tribunal judgment to reduce the penalty of a primary school teacher.

A three-judge bench, headed by Chief Justice Gulzar Ahmad, after hearing the arguments of the parties counsel on 22-02-2021 had reserved the order, which it announced on Thursday.

Khyber-Pakhtunkhwa Education Department had challenged the judgment of the KP Service Tribunal.

Noorul Amin was employed as a primary school teacher in the Education Department of Khyber-Pakhtunkhwa.

He was granted ex-Pakistan leave from 02.12.2012 to 01.12.2014 vide order dated 31.12.2012.

On expiry of his ex-Pakistan leave, he did not report to duty.

The department issued him show-cause notice on 24.10.2017.

As Noorul Amin did not report for duty despite issuance of notice in the newspaper, therefore, he was removed from service vide order dated 03.01.2018.

Amin filed service appeal before the KPK Service Tribunal, which by the impugned judgment was partly allowed by converting the major penalty of removal from service into a major penalty of compulsory retirement with effect from the date of his absence i.e. January 2013 and the absence period was treated as unauthorised absence.

The apex court noted that the Tribunal has proceeded to modify the penalty on two counts; one that no regular inquiry was conducted and the other that the respondent has 10 years service.

So far the question of regular inquiry is concerned, we note that the very fact of respondent remaining absent is not a disputed fact and thus, there was no occasion for holding a regular inquiry in the matter.

Reliance in this behalf can be placed upon the judgment reported as National Bank of Pakistan and another vs Zahoor Ahmed Mengal (2021 SCMR 144).

Being an employee for 10 years did not give any authority to the respondent on the basis of which he can stay away from job continuously for years altogether and thus, in our view, such ground could not have been pressed for modifying the penalty imposed by the department upon the respondent giving premium to him on this misconduct.

The court observed that the travelling history of Amin shows that almost 12 times he visited abroad and returned to Pakistan showing that he has some other activities and thus was not interested in continuing as a school teacher.

It said the modification of penalty by the Tribunal was not in accordance with law.

Copyright Business Recorder, 2021