Law: Government Servants (Efficiency and Discipline) Rules, 1973

Section: R.4(b)(iv)

Government (Efficiency and Discipline) Rules, 1973-- ----R. 4(b)(iv)--Employment as C.D.C.--Habitual absence from duty--Issuance of show-cause notice--No reply was filed--Personal hearing--Major penalty--Dismissal from service--Departmental appeal--Rejected--Appeal--Allowed--Reinstatement in to service--Challenge to--Conduct of respondent who is part of a Disciplined Force is detrimental to discipline of force--His past and present conduct indicates a casual, careless and non serious attitude--Service Tribunal has not assigned any other reason legal or factual for setting aside order of' competent authority and directing reinstatement of Respondent into service--We find that Service Tribunal has erred in law in reaching its conclusion, misinterpreted aforenoted and wrongly applied principles enunciated in to facts and circumstances of this case--Petition converted into an appeal and allowed. THIS ORDER PASSED BY: IJAZ-UL-AHSAN, J.- Leave to appeal is sought against a judgment dated 07.04.2017, passed by the Federal Service Tribunal, Karachi. Through the impugned judgment, an appeal (Appeal No. 01(K)CE of 2014), filed by Respondent No. 1 was allowed and the penalty of dismissal from service awarded to him vide order dated 17.12.2013 was set aside, he was reinstated into service and the intervening period was directed to be treated as leave of the kind due. 2. Brief facts necessary for decision of this lis are that Respondent No. 1 was employed as a Junior Clerk LDC (BS-7) in the National Highways and Motorway Police since 06.01.2011. However, on account of his habitual absence from duty, he was dismissed from service, vide order dated 07.12.2013. He filed a departmental appeal which was rejected on the ground that he was a habitual absentee and unwilling worker. He approached the Service Tribunal which came to the conclusion that in the dismissal order, the competent authority while imposing upon him the major penalty of dismissal from service on account of his misconduct, unauthorized absence from duty and not responding to the official communications, had condoned his absence by treating the same as extraordinary leave without pay. In reaching the said…

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