Accepting plea of a public servant who failed to exercise right of appeal against termination of service within specified period due to incarceration, the top court asked Punjab Service Tribunal to reconsider the matter.
A three-member bench of the Supreme Court comprising Justice Amin-ud-Din Khan, Justice Muhammad Ali Mazhar and Justice Irfan Saadat Khan remanded the case to the Punjab Service Tribunal (PST) underscoring importance of fair consideration of all relevant circumstances before deciding on the dismissal of such appeals based solely on time limits.
In a recent ruling, copy of which available with TLTP, the bench mentioned challenging circumstances as the petitioner was unable to pursue a departmental appeal due to his incarceration under frivolous criminal charges in August 30,2010. After five years he was granted bail on August 25, 2015. Later, the petitioner was acquitted on February 25, 2015.
After his arrest, Multan police issued a show-cause notice against the petitioner on November 25, 2010, on the grounds of absence from duty without leave, and was dismissed on January 11, 2011, while he was behind bars. “The Superintendent of Police Headquarters, Multan, vide order dated 11.01.2011, awarded him with the major penalty of dismissal from service by means of an ex-parte order, stated in the SC verdict.
The Bench ruled that given his incarceration, the petitioner was not in a position to diligently follow up on the appeal process, which would have otherwise been his right under service laws. The Bench further noted that while a departmental appeal could have been filed through the jail superintendent, the petitioner never received the dismissal order while in jail, meaning the delay was not attributable to him.
The ruling stressed that civil servants must be treated fairly, and it is the duty of the Service Tribunal to consider all facts judiciously when it comes to terms and conditions of service. The Bench ruled that the petitioner, being a victim of circumstances, could not be held responsible for the delay in filing the appeal.
