Case Details

Citation(s)
2015 SLG 2802 2015 SLD 2802 2015 PLJ 46
Service Tribunal, Balochistan
S.A. No. 42 of 2013, decided on 23.7.2013
NASRULLAH KHAN ACHAKZAI, CHAIRMAN AND MRS. SHAGUFTA BEGUM, MEMBER (JUDICIAL)

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Dr. NAILA AFZAL--Appellant

VS

CHIEF SECRETARY Balochistan, CIVIL SECRETARIAT, Quetta & 2 others--Respondents

Law:

Section:

Removal from Service (Special Power) Ordinance, 2000-- ----S. 3--Balochistan Service Tribunals Act, (V of 1974), S. 4--Service appeal--Willfully absented from duty--Time barred appeal--Delay was not explained in acceptable manner--Stoppage of annual increments--Recovery of salaries of absence period--Validity--Pay slips are computerized and amount of salary directly comes to Bank and deposited in her Bank account--Appellant was on duty, on perusal of her reply to show-cause notice revealed that she had failed to legally and properly rebut allegation of her willful absence from duty as asserted by Medical--Doctor is only a doctor nothing else and doctor has to abide by her own professional ethics and law, this has to be followed at any cost--Competent authority has discretionary power in Removal from Service (Special Power) Ordinance, 2000, to dispense with inquiry. [P. 48] A, B & C Judgment Nasrullah Khan Achakzai, Chairman.--The appellant has filed this service appeal under Section 4 of the Balochistan Service Tribunals Act, 1974, against the impugned order dated 19.1.2012 and 29.3.2012, with a prayer to declare these orders as illegal and respondents be directed to release the withheld salaries of the appellant. 2. Brief facts giving rise to this appeal are that the appellant is a Doctor serving in Health Department Government of Balochistan as Lady Medical Officer (B-17). On 23-11-2010, a Show-Cause Notice was issued to her by Respondent No. 1 under Section 3 of Removal from Service (Special Power) Ordinance, 2000 on the ground that she remained absent from her duty w.e.f. 10-04-2010 till the date of the issuance of the notice dated 23-11-2010. The appellant filed a reply to the Show-Cause Notice dated nil, wherein she denied the allegations levelled in the Show-Cause Notice issued to her. On 19-01-2012, proceedings under Section 3 of Removal from Service (Special Power) Ordinance, 2000 were finalized, wherein the competent authority was pleased to impose the following penalties upon the appellant:-- (i) Stoppage of two annual increments. (ii) Absence period w.e.f. 10-04-2010 to 11-01-2011 is hereby converted into Extra-Ordinary Leave (without pay and…
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