Law: Revised Leave Rules, 1980

Section: 9(3)

(a) Revised Leave Rules, 1980--- ----R. 9(3)---Absence from duty---Termination from service with absence treated as Extraordinary leave without pay---Plea that once the absence period had been treated as an Extraordinary leave (EOL), no further punishment could have been imposed upon the respondent---Held, that such plea was not tenable in view of two s of the Supreme Court, passed in the cases of NAB through its Chairman v. Muhammad Shafique (2020 SCMR 425) and Kafyat Ullah Khan v. Inspector-General of Police, Islamabad and another (Civil Appeal No.1661/2019)---Petition for leave to appeal was converted into appeal and allowed and termination order of respondent's service was restored. National Accountability Bureau through its Chairman v. Muhammad Shafique 2020 SCMR 425 and Kafyat Ullah Khan v. Inspector General of Police, Islamabad and another Civil Appeal No.1661 of 2019 ref. (b) Civil service--- ----Regular enquiry---Scope---No disputed facts---Regular enquiry was only held when there were disputed facts---In the present case the fact that the respondent remained absent from duty from 5.9.2011 to 2.4.2012, was not disputed rather an admitted fact; it was also admitted fact that the respondent was a probationer---Since there was no dispute about the fact of respondent remaining absent from duty, no question arose for holding of a regular enquiry---Petition for leave to appeal was converted into appeal and allowed and termination order of respondent's service was restored. ORDER GULZAR AHMED, C.J.---The respondent was employed as an Assistant (BPS-14) in the Law and Justice Division, Government of Pakistan on probation. During his probationary period, he remained absent from duty from 05.09.2011 to 02.04.2012, pursuant thereto, his service was terminated vide Office Order dated 02.04.2012. It is claimed by the respondent that against this order of termination, he filed a departmental appeal dated 13.04.2012, which he dispatched through courier service, receipt whereof is attached a Pages-35/36 of the record. 2. In the first place, we note that the very departmental appeal is addressed by the respondent directly to the Secretary Law and Justice Division and…

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