Law:

Section:

(a) Civil service--- ----Willful absence from duty without authorization-----Removal from service converted into resignation was continuously on leave with effect from 1.4.2008 to 1.7.2013 and his application for extension of leave was not allowed, therefore, he was under an obligation to report for duty which he did not do's application for extension also stated that in case his leave could not be extended and he could not be transferred to his native city, his letter may be treated as his resignation---In view of the fact that the department neither extended his leave nor transferred him to his native city, it should have accepted his resignation and relieved him from duty---Action of the department to have waited and thereafter finding the petitioner absent from duty without leave leading to removal from service proceeding against him was not only unnecessary but also without lawful justification---Service Tribunal was correct in coming to the conclusion that the order of removal from service was unsustainable, however, in view of the fact. that petitioner had tendered his resignation with effect from 1.7.2013, his resignation from service was to be accepted from the said date---Having admittedly tendered his resignation on 1.7.2013 and having never formally withdrawn the same, no lawful reason or basis was made out to reinstate the petitioner into service---Petitions for leave to appeal were dismissed and leave was refused. (b) Civil service--- ----Place of service---Prerogative of employer---Government servant was required to serve where his employer wanted him to serve; it was not a choice or prerogative of the employee to claim a right to serve at a place that he choose to serve. THIS ORDER PASSED BY: IJAZ UL AHSAN, JUSTICE:---.--- Through this judgment we proceed to decide Civil Petition No.3625 of 2018 filed by the Chief Commissioner of Inland Revenue, Islamabad and Civil Petition No.3707 of 2018 filed by Muhammad Javed Paracha. Both petitions arise out of the same judgment and same set of facts. 2. Leave to appeal is sought against a judgment of the Federal Service Tribunal, Islamabad dated 11.07.2018. Through the impugned judgment the penalty of…

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