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7.         In the face of such absence from duty of the respondent, which being admitted, there was no need to hold a regular enquiry because this Court in the case of Federation of Pakistan through Secretary, Ministry of Law and Justice Division, Islamabad vs. Mamoon Ahmed Malik (2020 SCMR 1154), has already held that where the fact of absence from duty being admitted on the record, there was no need for holding of a regular enquiry for that there was no disputed fact involved to be enquired into.

 

 

8.         As regards the observation of the High Court that the absence period of the respondent was condoned as his joining report was accepted by issuing stern warning to the respondent, no document is available on the record which may show the period of absence of the respondent was condoned or his joining accepted or he was issued stern warning by the appellants. The only thing evident from the record is that by Memorandum dated 07.04.2016, the service of respondent was terminated from 31.10.2014 and the intervening period, from the date of absence from duty till the date of termination, was treated as Extra Ordinary Leave without pay not counting towards Service, Promotion, Increment & Pensionary Benefits, etc. The treatment of absence period as  Extra Ordinary Leave without pay has already been dealt with by this Court in the case of NAB through its Chairman vs. Muhammad Shafique (2020 SCMR 425) and Kafyat Ullah Khan vs. Inspector General of Police, Islamabad and another (Civil Appeal No.1661 of 2019), where it has been held that while imposing penalty on the employee in the case of unauthorized absence, the absence period treated as an  Extra Ordinary Leave is not a punishment, rather is a treatment given to the absence period, which employer is entitled to do.

 

9.         As regards the observation of the High Court in the impugned judgment that the order of termination has been passed under the National Bank of Pakistan (Staff) Service Rules, 1980. The very Memorandum dated 07.04.2016, by which the service of the respondent was terminated.

 

 

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He further contended that the High Court has also wrongly noted in the impugned judgment that the period of absence of the respondent has been condoned and his joining report was accepted by issuing a stern warning to the respondent. He contended that there is no evidence on the record showing condonation of absence or accepting joining or issuing of stern warning.

 

4.         Mr. Kamran Murtaza, Learned Senior Advocate Supreme Court for the respondent, on the other hand, has supported the impugned judgment but has frankly conceded that from 31.10.2014 to 07.04.2016, the respondent has remained absent from duty except for one day i.e. 02.02.2016.

 

5.         It is quite evident from the record and also admitted by the learned counsel for the respondent that the respondent had remained absent from 31.10.2014 to 07.04.2016 except for one day i.e. 02.02.2016, when he stated to have reported for duty. It is also apparent from the record that respondent was issued notices by the appellants to join duty but he did not join duty, rather took a plea that on account of tribal feud he is unable to work in the Bank having threat to his life. Though such ground was taken by him but as stated by the learned counsel for the appellants, the respondent did not provide any material or evidence showing that in fact there was any tribal feud or there was threat to his life and even no instance in this regard whatsoever was pointed out by the respondent. Not even an FIR of any incident showing threat to the life of the respondent was provided to the appellants.

 

6.         From the record it is evident that the respondent has remained absent from duty and that he has filed some applications with the Bank asking for leave but such applications for leave were not allowed, rather through absence notices dated 08.07.2015, 27.07.2015 and 06.08.2015, the respondent was directed to join duty but he chose not to do so.

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SUPREME COURT ORDER 26.11.2020 PART-I

Total Words: 350

 GULZAR AHMED, CJ.- We have heard the learned counsel appearing for the parties and have also gone through the record of the case. 

2. This appeal is by leave of the Court. Necessary facts of the matter are that the respondent was employed as Officer Grade-II with the appellants-National Bank of Pakistan (the Bank) and was posted in the Satellite Town Branch, Quetta. He absented himself from duty from 31.10.2014 and was issued notice dated 08.07.2015, wherein he was asked to report for duty within three days of the said notice and to justify his absence. Again on 27.07.2015, absence notice was issued to the respondent and he was 

 again directed to report for duty within three days of the issuance of the notice. The respondent did not join duty, rather gave a reply dated 05.08.2015 in which he acknowledged the absence notice dated 27.07.2015 and stated that since November, 2014, he could not join the Branch due to threat to his life on account of tribal feud and that he has sent an application but has not received any response from the Branch. He has further stated in this very letter that it is extremely difficult for him to attend the office furthermore, due to life threat. In the letter, he has further stated that he may be allowed one more year’s leave without pay. He was again issued absence notice dated 06.08.2015 but he did not join duty. On 02.02.2016, he reported for duty for one day and on this very day he gave an application and thereafter, failed to report for duty.

Ultimately, through Memorandum dated 07.04.2016, the service of the respondent was terminated for remaining absent from 31.10.2014. 3. Mr. Kaleemullah Qureshi, learned counsel for the appellants has contended that where the very absence from duty was admitted, there was no need for conducting of disciplinary proceedings and that the High Court has wrongly assumed that order of termination from service was passed under the National Bank of Pakistan Rules, 1980.

Dawn Editorial Shorthand Passage from Article "The worst of Worlds" dated 08.01.2021 Part-III PDF and Dictation

 

Dawn Editorial Shorthand Passage from Article "The worst of Worlds" dated 08.01.2021 Part-III PDF with Dictation @ 95 WPM 

The worst of worlds

BY FA I S A L B A R I  2021-01-08

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And since teachers retire at 60, we seem to be saying we are stuck with the pool once we select them. We also know, from various surveys, that teaching is not the profession of first choice for the majority of people who join the public sector as teachers.

 

2.         Should we not, like in any other profession, have some incentives for making teachers improve their performance and/ or have ways of moving out those who do not want to be, or are not good enough to be in the profession? The quest to reduce nepotism and corruption much needed and welcome, of course has had significant unintended consequences. If the selection process cannot be made more discriminatory and selective, and on the right variables, there must be other incentives to ensure teachers improve over time and/ or ways of moving them out of this profession and into ones they might be better suited for. But, right now, we seem to be in the worst of all situations: the initial selection, made on variables that are not good predictors of eventual performance, gets locked in.

 

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3.         There is ample evidence that quality of teaching makes a significant difference in student learning outcomes. Over the last couple of decades, given the poor learning outcomes that we have consistently been seeing in our education system, there has been increasing focus on the quest to improve quality of learning and teaching. Teacher salaries, terms of service, in-service training and, as stated, recruitment policies have been changed to address some of these concerns. But the reforms are incomplete. We need to do a lot more especially in how we manage teacher selection for quality, and how we incentivize teaching-quality improvements. The writer is a senior research fellow at the Institute of Development and Economic Alternatives, and an associate professor of economics at Lums.

 Dawn Editorial Shorthand Passage from Article "The worst of Worlds" dated 08.01.2021 Part-II PDF with Dictation @ 95 WPM 

The worst of worlds

BY FA I S A L B A R I  2021-01-08

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If the objective is to have good teachers in our public system, yet we cannot select people who have a higher probability of becoming good teachers based on more nuanced evaluations than just their academic performance, then the only other way we can impact the average quality of the teacher pool is by weeding out bad teachers.

We allow people to enter the teaching profession through the `objective` set-up so that there is confidence that their recruitment is `merit-based`, but know that this allows no effective selection for good teachers. Then, as their performance becomes clear with time, we try to train those who are not performing well, but if their teaching does not improve over a certain period and up to a certain minimum level, we fire them. That is the only way the pool of teachers can, over time, improve the average quality of teaching.

Again, the literature shows that teachers tend to improve their teaching over the first three years of their career and then they tend to plateau. Three years seems like a long enough period for teachers to come up to a certain minimum standard of teaching quality. If they do not, they get fired. Some provinces do have a `probational` period of three years before teachers are made permanent.

But the probation period is not used to ensure that teachers improve their quality of teaching. At the end of the three years,if a teacher does not have any major disciplinary issues against them, they are confirmed. The quality of teaching and/or improvements in quality are not variables that are looked at when confirming teachers.

This implies that we cannot `select` good teachers and we cannot weed out the weakest ones. How, then, is the teaching pool to improve in quality? We recruit 100 teachers on the basis of their academic performance. We do not know how many amongst these 100 are going to be good teachers. Even witha long enough probation period long enough to give us a good idea of how good a teacher a person can/will be we do not use it to either incentivise teachers to learn or to weed out the weaker ones.

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Dawn Editorial Shorthand Passage from Article "The worst of Worlds" dated 08.01.2021 PDF with Dictation @ 90 WPM

Dawn Editorial Shorthand Passage from Article "The worst of Worlds" dated 08.01.2021 PDF with Dictation @ 90 WPM Below:

The worst of worlds

BY FA I S A L B A R I  2021-01-08

A COMMON complaint about public-sector teacher recruitment used to be regarding nepotism and corruption: teaching jobs being given to supporters of elected representatives and/or other influentials. Over the last decade, there has been significant reform in the way that we recruit teachers. Most provinces have increased entry requirements (the minimum level is graduation), clarified eligibility criteria and stipulated specific weights for these, made third-party entry tests a requirement, and reduced the weightage of interviews in the selection process.

The result has been a selection process in which the drawing up of candidate rankings has become a lot more transparent and `objective`. A candidate`s academic performance gets her `X` marks, her degree gets her another `Y` marks and then there is a small weightage for interview performance, where almost all candidates score an average, and then the ranking list is worked out. The academic performance of candidates, ie how well they did in their academic careers, drives the rankings.

Post-selection litigation about the process and/or the outcomes has gone down significantly, and this gives us evidence that the process has indeed changed and has become a lot less contentious. Teachers recruited over the last decade or so have gone through these new processes, and this has more or less been the case across all provinces.

But the effort to make the process transparent and based on `objective` criteria, even leaving aside the issue of what is or is not objective about academic performance, has had unintended consequences too.

Literature on teachers shows that academic performance of candidates does not predict well whether a person is going to be a good teacher or not. It is the more `subjective` and harder to evaluate elements, such as personality type, that offer a better correlation. If we wanted to `select` better teachers, we would need to rely more on interviews, performance on personality tests and evaluationsof teaching demonstrations. But our transparency and `objectivity` goals get compromised if we go in that direction, and we once again open ourselves up to corruption.

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 The explosion of social media exacerbated بڑھ گیا this trend رجحان as intemperate بد پرہیز language could be used without consequence or retribution سزا. It made it easier for political leaders and activists to say what they wanted, with no check on the propriety  مناسبت or veracity صداقت of their assertions دعوی. Another factor that might explain the changing political culture is rising anger in society. 

This has been the consequence, over time, of rising but dashed public expectations توقعات and frustration مایوسی with the inability کمزوری of successive governments یکے بعد دیگرے حکومتیں to meet their demands and aspirations.

 In confronting this growing anger leaders and parties have increasingly struck a severe tone to channel this public sentiment while strengthening it further. At times it seemed as if political leaders by speaking in harsher tones saw this as their principal way of assuaging  قائل کرنا  an angry public.

2.         What then are the consequences انجام of this kind of change in the country`s political culture? For a start it has debased the public discourse and detracted from meaningful or informed discussion of the country`s challenges, much less generated solutions to its problems. If most of the political conversation consists of invective, diatribes گالیوں کی بوچھاڑ and allegations of malfeasance بد عنوانی and venality عداوت against one another it denudes the political system of the ability to conduct reasoned debate on issues. Most significantly, it has shrunk the space for compromise, which is so essential to build consensus to make the democratic system work smoothly and effectively.

3.         A polarized environment marked by constant exchange of tough rhetoric بیان بازی is hardly conducive to evolving consensus on key national issues. It has also sucked oxygen from the government to engage in a sustained manner in serious, policy-focused activity. This distraction and the lack of political consensus have ended up making governance more difficult. But it also risks 

undermining the democratic system by generating public cynicism  نک چڑھا پن about constantly squabbling  چھڑکنا leaders and their immoderate conduct. 

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Pakistan`s angry political culture

BY M A L E E H A L O D H I  2021-01-04

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Political leaders spend more time vilifying the other than conveying what they stand for and how they propose to address the country`s challenges.

Those in power seem to equate government performance with humiliating rivals while oppositionleaders return the compliment by using equally of fensive language. This has become habit forming. 

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The result is that an unedifying new normal has been established.

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A number of factors might help to explain what has contributed to this new normal in Pakistan`s political culture. First and foremost, political parties no longer seem to represent any set of ideas or have coherent programmes except as platitudes.

The lack of distinct party platforms has in fact fostered a phase of issueless politics and personalised power struggles. There is no debate on ideas or policy alternatives. This makes the resort to shallow and provocative rhetoric an easy option and becomes the political weapon of choice.

It can be argued that the rise of a new political force, PTI, has also contributed to a more combative political culture by leaders who used language and engaged in conduct that upended traditional political norms. This became its way of challenging the political status quo, which it had no ability to do in any substantive sense. The point is that once established norms are discarded, that infects the whole body politic and contagion spreads across all parties who adopt the same language and behaviour. This is what seems to have happened.

Other factors are also important in understanding this change in political culture. The proliferation of the broadcast and social media has in recent years made numerous information platforms available to leaders and their followers to communicate and direct polemics against opponents. The era of the print media (when TV was a government monopoly) imposed sharp limits on what was fit to print and thus inhibited most vitriol from being uttered and published. By its very nature the independent broadcast media did away with these constraints and encouraged a no holds barred discourse. Talk shows provided adversarial settings, accentuated polarised debate and preferred heat over light in exchanges between public representatives.

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Pakistan`s angry political culture

BY M A L E E H A L O D H I  2021-01-04

The political culture of a country always evolves. But not necessarily in a positive direction. As elsewhere in the world, politics in Pakistan has long had unseemly dimensions. Political leaders have often acted from a zero-sum view of political competition and were far from respectful of their opponents. However, the political culture in the country today is a departure from the past in many respects. Even if some features were present earlier, they were not as dominant as they are now. Today both the language used by political leaders and their conduct have fostered an environment that is permeated by such extreme positions and incendiary rhetoric as to render any meaningful political conversation impossible. Rarely has the public discourse sunk to the low level that it has now. True that past political behaviour also exhibited some of these traits. 

But it is their pronounced nature and the angry environment that politicians are playing off and reinforcing as well as using multiple media platforms for aggressive messaging that distinguishes the present. Four overlapping aspects of the `new` political culture stand out: the language of politics has taken on a form and tone that is excessively harsh; the accent by politicians is on demonizing opponents rather than articulating their own positions; the political middle ground is being steadily eliminated; and the ethic of war has been injected into politics by an attitude that sees opponents as enemies to be eliminated rather than competed with. 

The impact of the confluence of these factors has been to create a toxic political environment that is sharply polarized and dominated by invective, not argument. Insults are routinely hurled by government and opposition figures against each other. Polemics by both sides have assumed an intensely personal nature, involving character attacks. Extreme partisanship has also made the political center-ground disappear with little effort directed at bridging differences.

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A people`s census

BY Z E B A S A T H A R  2021-01-01

Is there finally something to celebrate in the government`s decision to release the Census 2017 results? It would appear so, on the face of it. Revealing the results of the census will open up access to important information that has been suppressed for three years. But after the initial excitement, there is a widespread impression that the decision has been motivated by political compulsions and not because the precious data is required to govern the country especially during the Covid-19 crisis.

There is talk of the next census which must be a people`s census. It should not be mired in political concerns or controlled by the security forces, and it must be conducted as per international principles.

There is a worldwide tradition of conducting full census cycles every 10 years, a goal that we have missed by a large margin the last two times. When the next census takes place, it must be with the right intent, full preparation and transparency. Pakistan cannot afford to be an outlier yet again in front of the international community, introducing ulterior motives into what should be an objective counting exercise.

Firstly, the next census must truly include all residing persons whether or not they have CNICs their full numbers and relevant information that ensures their rights under the Constitution. In order to reach this goal, the government and the Pakistan Bureau of Statistics (PBS) must first recall clearly the main reason why censuses are held around the world every 10 years. It is not for political reasons, but to distribute services and resources and ensure rights justly based on a correct count of everyone who lives in a territory (in this case, Pakistan), regardless of gender, age, origin, ethnicity, or differently abled status on the basis of where people reside.

English Shorthand Passage with Dictation Dawn Newspaper

 

DAWN

Pandemic undermines press freedom in South Asia

 

The Covid-19 pandemic has posed unprecedented challenges and pushed the media into uncharted territory. Across the globe press freedom has been undermined by governments to control the public narrative and cover up their inadequacies. Authorities have clamped down on the media to control information and public debate about the pandemic, according to a statement issued by the International Press Institute. Emergency regulations were put in place, while new and existing laws relating to disinformation and fake news were used to stifle independent media. In several countries, journalists from independent media were denied access

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to press briefings, access to official information was severely limited and regulations were imposed to compel media organizations to report data provided by the government.

 

2.       According to IPI`s Covid-19 Press Freedom Tracker, nearly 200 cases of press freedom violations were reported from the Asia-Pacific region, of which 107 were from four South Asian countries: Pakistan, Bangladesh, India and Nepal. As many as 71 journalists faced arrests and charges for their coverage of the pandemic and its consequences, and 32 cases of physical attacks and verbal threats were reported from these countries. With 84 cases, India accounted for the greatest number of violations in the region. As many as 56 journalists were arrested or charged under various laws, and 23 journalists came under verbal and physical attacks. Brazen interference The Indian government resorted to various tactics to prevent independent media from criticizing the government and reporting about the pandemic. In a blatant attempt to stifle press freedom, on March 31 the government unsuccessfully petitioned the country`s Supreme Court to bar the media from publishing information about Covid-19 that had not been cleared by the government.

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3.       The court refused to intervene, but directed the media to `refer to and publish` the official version of the developments. `In 2020, IPI has observed unacceptable levels of attacks against independent media and journalists in India, Pakistan, Bangladesh and Nepal, a region where press freedom has already been severely curtailed in recent years,` IPI Executive Director.` Throughout the pandemic, independent journalism has been a vital resource to people and governments` efforts to control the media message and preempt public scrutiny ran counter to the public interest and represented a serious breach of people`s rights.