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

Section: 4(b)(iv)

Government Servants (Efficiency and Discipline) Rules, 1973--- ----S. 4(b)(iv)---Dismissal from service---Habitual absence from duty---Failing to respond to official communication---Respondent, who was employed as a junior clerk in the National Highways and Motorway Police, had a long history of unauthorized absence from duty for which various show cause notices had been issued to him from time to time---Respondent did not bother to file a response to the notices, where after, he was summoned to the orderly room and granted personal hearing---Respondent's plea that he was unwell was found to be implausible and not supported by documentary evidence---Accordingly he was dismissed from service in terms of R. 4(b)(iv) of the Government Servants (Efficiency and Discipline) Rules, 1973 on account of misconduct, unauthorized absence from duty and failing to respond to the official communications which had admittedly been received him---Even after his reinstatement into service pursuant to the orders passed by the Service Tribunal, respondent did not improve his conduct and continued to remain absent from duty without permission or authorization for which a number of show cause notices had been issued to him---Conduct of respondent who was part of a disciplined force was detrimental to the discipline of the force, and his past and present conduct indicated a casual, careless and non-serious attitude---Supreme Court set aside the impugned of the Service Tribunal in circumstances and order of the competent authority dismissing respondent from service was restored. Sajid Ilyas Bhatti, DAG and M. Iqbal, DSP Legal, NH&MP for Petitioner. THIS ORDER PASSED BY: IJAZ UL AHSAN, JUSTICE:---.--- 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…

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