The Supreme Court on Thursday dismissed Service Tribunal verdict to restore Khyber-Pakhtunkhwa police constable. A two-judge bench, headed by Chief Justice Gulzar Ahmed, heard KP government appeal against the Service Tribunal to restore Shahid Khan on his post.
The court maintaining the decision of inquiry committee declared the verdict of Service Tribunal "void". The committee had dismissed constable Shahid Khan for remaining absent from duty for six months and three days. The tribunal had restored Shahid Khan on his post.
Justice Ijazul Ahsan, a member of the bench, remarked it's not an employee's choice when to go to duty and when to take leave. He questioned how Shahid Khan remained absent for six months and three days and also did not appear before the inquiry committee.
Shahid's counsel informed that his client remained absent from duty two months and 10 days and not six months. He said Shahid had plenty of leave in his balance.
He argued that Shahid had accepted that he remained absent from duty for two months and 10 days, but denied the allegation of remaining absent from office for six months. The lawyer contented that if he was absent then why the department had paid him salary for that period.
Justice Ijazul Ahsan said they could order to return the pay. It can't happen that an employee remain absent from duty without informing his bosses that he has leaves in balance.
Additional Advocate General said the Service Tribunal had no authority to reduce the punishment and to reinstate the petitioner on duty. The same bench heard the case related to removal of an employee of Anti-Corruption Department Aqeel Hussain. The bench dismissed the appeal to restore Aqeel Hussain.