Filing a Leave Application does not equate to Approval --- Unauthorized Absence constitutes a serious Violation of Workplace Discipline --- Supreme Court of Pakistan restore the Dismissal Order
Islamabad 06-12-2024: The Supreme Court of Pakistan has reinstated the dismissal of an employee of the Pakistan Ordinance Factories (POF), Wah Cantt., overturning a Federal Service Tribunal (FST) decision that had reduced the penalty to compulsory retirement. The case underscores the importance of adhering to disciplinary rules and the limits of judicial discretion in altering departmental penalties.
The case arose from the unauthorized absence of Akhtar Tanveer, a POF employee, who sought Ex-Pakistan leave to pursue a Ph.D. in China but failed to secure necessary permissions for extensions. Despite multiple warnings, Tanveer left for China without obtaining the required No Objection Certificate (NOC) or waiting for security clearance. The department found him guilty of willful absence and imposed a major penalty of removal from service in January 2018.
The employee appealed the decision to the FST, which reduced the penalty to compulsory retirement on grounds that his foreign education was a valuable asset to Pakistan.
In a detailed judgment, Ms. Justice Ayesha A. Malik emphasized that:
- Unauthorized absence constitutes a serious violation of workplace discipline.
- Judicial bodies like the FST cannot arbitrarily alter departmental penalties without strong, legally sustainable reasons.
The Supreme Court of Pakistan noted that the FST had exceeded its jurisdiction under Section 5 of the Service Tribunal Act, 1973, by amending the dismissal penalty without sufficient justification. The Court reiterated that absence without approved leave is a serious misconduct, as outlined under Section 4(b)(iii) of the Efficiency and Discipline Rules, 1973.
The employees must adhere to proper leave protocols, and mere filing of leave applications does not imply approval. The Courts and tribunals must exercise discretion judiciously and within legal bounds.
The Court ruled that the employee’s dismissal was proportionate to his misconduct and restored the department’s decision. The judgment highlights the importance of maintaining strict discipline and respecting departmental authority in service matters.
The [Civil Petition No. 1017/2022] was converted into an appeal and allowed, setting aside the FST judgment. The decision has been approved for reporting, reinforcing its significance as a precedent in disciplinary and service law.
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