Law:

Section:

Civil service--- ----Dismissal from service---Employee remaining absent from duty for about 16 months---Unblemished record of 35 years of service---Effect---Dismissal from service converted into compulsory retirement---Plea of railway employee/petitioner that he had applied for leave for 720 days, which was not allowed to him and owing to a tribal dispute the petitioner and his family members, due to danger, had to leave place of report and thus was unable to report for duty---Service Tribunal did not accept such explanation of the petitioner on the ground that he has not lodged any FIR in respect of threat to his life or to that of his family members---Held, that imposition of major penalty of dismissal was not proportionate to the misconduct of the petitioner more so when Railway authorities themselves had been taking lenient view on such matters---Fact that petitioner remained absent on account of threat to his life and life of his family members, though was not substantiated by the petitioner through documentary proof but such fact had also not been disputed by the Railway authorities---Petitioner had unblemished record of 35 years of service with the Railway department and his absence in question was the first occasion on which he remained absent from duty---In such circumstances penalty of dismissal from service imposed on petitioner was converted into that of compulsory retirement from the date of his dismissal. THIS ORDER PASSED BY: GULZAR AHMED, JUSTICE:---.--- The petitioner was proceeded against for remaining absent from duty for a period of about 16 months and vide order dated 24.12.2012, he was dismissed from service. The petitioner preferred departmental appeal, which being not responded, filed service appeal before the Federal Service Tribunal. By the impugned dated 30.01.2017, the Tribunal dismissed the service appeal of the petitioner. 2. Learned ASC for the petitioner has contended that imposition of penalty of dismissal on the petitioner for remaining absent from duty is harsh in that the reason assigned by the petitioner for remaining absent was justified by him but neither the department accepted the same nor by the Tribunal. He contended…

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