F.P. Report
ISLAMABAD: The Supreme Court on Wednesday suspended the service tribunal verdict and maintained the inquiry committee decision regarding dismissal of Khyber Pakhtoonkhwa Police Constable Shahid Khan from service over absence from duty.
A two-member bench of the apex court comprising Chief Justice Gulzar Ahmed and Justice Ijaz Ul Ahsan heard the case filed by the KP government against service tribunal verdict.
During the course of proceedings, the court was informed that the inquiry committee dismissed Constable Shahid Khan for six months’ continuous absence while the service tribunal eased the sentence and restored Shahid Khan to the job.
Justice Ijaz Ul Ahsan said that Shahid Khan remained absent from service for six months and three days and never appeared before the inquiry committee.
The counsel for the constable said that constable Shahid Khan had been absent for two months ten days, not six months. He said that his client’s earned leave was remaining and he was on leave. He said that his client had admitted the period when he was absent from service and being absent for six months was misrepresented.
Justice Ijaz Ul Ahsan said that his client did not challenge the service tribunal so he cannot argue over the matter.
The counsel asked if he was absent how did he get his salary?
Justice Ijaz Ul Ahsan said that the court could order refund of salary. He said that constable Shahid Khan’s 11-year service leave was remaining.
Justice Ijaz Ul Ahsan said that there should be no practice that a public servant went on leave without approval of the concerned authority and say he had leave remaining.
The Additional Advocate General KP said that the service tribunal was not authorized to reduce the sentence.
