Law:

Section:

(a) Civil service----Civil servant on sanctioned leave was penalized for being absent from duty---Legality---Department regularized leave of civil servant from 16-4-2001 to 11-7-2001---During the intervening period (i.e. on 23-5-2001) Department issued charge-sheet against him for remaining absent from duty without prior sanction---On one hand Department had issued charge-sheet on the civil servant on the ground of his absence, and on the other it had also regularized his leave---Once leave had been regularized there was nothing on record against the civil servant to penalize him and/or impose penalty of any nature upon him---Order of Department imposing major penalty was passed in haste, overlooking the record---Civil servant was granted personal hearing on 11-7-2001 and on the same day major penalty of compulsory retirement was ordered against him---Appeal was allowed, civil servant was reinstated in service, however matter was remanded to the Department for considering issue of his back benefits on merits after conducting proper inquiry and providing opportunity of hearing to him. (b) Civil service--- ----Departmental appeal, filing of--- Limitation period---Postal correspondence between Department and appellant (civil servant), relevance of---Civil servant claimed that he filed departmental appeal on 19-8-2001 (i.e. within the period of limitation) and also sent a notice to the department through his counsel---Department replied by a letter stating that it did not receive the memo of appeal, whereafter civil servant claimed that he sent a letter to the department enclosing copy of memo of appeal---Department contended that appeal was filed on 20-12-2001, which was beyond the period of limitation, and not on 19-8-2001---Validity---Postal receipt submitted by civil servant was dated 19-8-2001---Postal receipt coupled with letter sent by civil servant and the reply thereto, prima facie, reflected that departmental appeal was filed on 19-8-2001, i.e. within the period of limitation---Appeal was allowed accordingly. ORDER AMIR HANI MUSLIM, J.---Leave was granted by this Court, vide order dated 6-6-2012, inter alia on the ground as to whether the conclusion…

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