The Regularization of an Employee’s Absence does not absolve proven Misconduct --- Supreme Court of Pakistan 

Islamabad 10-01-2025: In a significant decision, the Supreme Court of Pakistan has restored the penalty imposed on a Civil Servant for willful absence and submission of a false medical certificate. The apex Court overturned the Punjab Service Tribunal’s decision, which had previously nullified the penalty by regularizing the employee’s absence as leave without pay.

The judgment, delivered by a three-member bench led by Mr. Justice Muhammad Ali Mazhar, emphasized the importance of maintaining discipline in civil services and the proportionality of penalties in disciplinary actions.

The case concerned a Deputy District Attorney (BS-18) who faced disciplinary charges under the Punjab Employees Efficiency, Discipline and Accountability Act, 2006, for:

1. Willful absence from duty between June 4, 2013, and June 23, 2013.
2. Traveling abroad to Saudi Arabia without obtaining ex-Pakistan leave or permission.
3. Submitting a false medical certificate to justify the absence.

After a departmental inquiry proved the charges, the competent authority reduced the officer’s rank from BS-18 to BS-17 for four years. The officer’s departmental appeal was rejected, but the Punjab Service Tribunal overturned the penalty, treating the absence as extraordinary leave without pay.

The Court criticized the Tribunal for failing to address the case’s merits and for its misplaced reliance on the precedent set in 2006 SCMR 434. It clarified that regularizing an employee’s absence does not absolve proven misconduct. Mr. Justice Muhammad Ali Mazhar highlighted that Service Tribunals must thoroughly review factual and legal issues and exercise discretion judiciously.

“Disciplinary actions serve as deterrents to maintain departmental discipline. Treating willful absence lightly would undermine the purpose of service law,” the Court remarked.

Key Rulings:

1. The penalty of reducing the Respondent’s rank was proportionate to the gravity of the charges and aligned with the law.
2. Regularizing absence as leave without pay does not nullify misconduct or exempt employees from penalties.
3. Service Tribunals are required to decide cases based on merits, considering inquiry reports and departmental findings.

The Court’s ruling underscores the importance of judicial oversight in disciplinary matters, ensuring that penalties are both proportionate and enforceable. It also reaffirms the role of Service Tribunals as judicial fact-finding bodies tasked with upholding departmental discipline.

The Supreme Court of Pakistan concluded by allowing the petition, restoring the penalty imposed by the competent authority, and dismissing the Service Tribunal’s decision.

This landmark judgment is expected to strengthen accountability mechanisms within civil services, setting a precedent for future cases involving willful absence and related misconduct.

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