3670/2023 Const. P. Rehan Pervez (Petitioner) V/S Fed. of Pakistan and Others (Respondent)

3670/2023 Const. P. Rehan Pervez (Petitioner) V/S Fed. of Pakistan and Others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 31-JAN-25

It is well settled now that unexcused absence from duty is misconduct. This court cannot offer relief simply because the absence was brief or otherwise. Interpreting absence from duty as potentially extending to a certain period, improperly rewrites the law on the subject issue, effectively changing the threshold for misconduct. This is an incorrect interpretation. 13. The Supreme Court has held that as soon as the act of misconduct is established and the employee is found guilty after due process of law, it is the prerogative of the employer to decide the quantum of punishment, out of the various penalties provided in law. The casual or unpremeditated observation that the penalty imposed is not proportionate with the seriousness of the act of misconduct is not adequate but the order must show that the competent authority has applied its mind and exercised the discretion in a structured and lawful manner.