Law: Sindh Civil Servants Act, (XIV of 1973)

Section: 5

Law: Constitution of Pakistan, 1973

Section: 199

Sindh Civil Servants Act (XIV of 1973)--- ----S. 5---Appointment---Petitioner, who was appointed in Bank as AVP, requested for 1095 days (3 years), Ex-Pakistan leave, but he was granted only 577 days leave---Petitioner, after expiry of said period, having not jointed duty, was issued two notices to join the duty---Petitioner joined his duty and the competent authority, while taking a lenient view, regularized his excess leave---Petitioner again applied for three years leave, which was turned down due to non-availability of sufficient leave balance in his account---Petitioner thereafter applied for 22 days Ex-Pakistan leave and gave an undertaking in writing that he would not extend the leave under any circumstance, which leave was granted to the petitioner---Petitioner did not join the duty as per his undertaking after expiry of his leave and instead sent applications for extension of leave, which was regretted and his appointment was vacated---Petitioner had not been able to justify his continuous unauthorized absence from the duty---Petitioner, in circumstances, was not entitled to the discretionary relief under Art. 199 of the Constitution---Petitioner had served the Bank from 1996 and remained itsemployee till January, 2016---Petitioner, would be entitled to the dues accrued tohim for the said period---No case warranting interference by High Court havingbeen made out, Constitutional petition was dismissed, in circumstances. THIS ORDER PASSED BY: MUHAMMAD IQBAL KALHORO, J.--- By means of this petition, the petitioner has challenged the order, dated 15-10-2016 whereby his appointment as AVP, Compliance Wing, National Bank of Pakistan Regional Office Hyderabad has been vacated from the Bank services from the date of his un-authorized absence viz. 07-04-2015. 2. Brief facts of the case are that the petitioner was appointed in National Bank of Pakistan in 1996 and vide order, dated 13-3-2015 was on medical leave for 22 days to visit his family in USA where his daughter was receiving medical treatment. After expiry of his leave, he applied for extension of the same on medical ground, but in response of which, the respondent No.1, National Bank of Pakistan…

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