Law: Punjab Employees Efficiency, Discipline and Accountability Act, 2006

Section: 4(1)(b)(iv),7

Punjab Employees Efficiency, Discipline and Accountability Act (XII of 2006)--- ----Ss. 4(1)(b)(vi) ,  7---Wilful absence from duty---Dismissal from service---Inquiry---In cases where willful absence from duty is an admitted fact, no regular inquiry was required before dismissing the employee from service. Respondent-employee did not dispute the fact that he was absent from duty for 16 years and that he worked during this time in a foreign country; and that his request for extension of his Ex-Pakistan Leave and request for conversion of leave into deputation was rejected twice. Respondent while relying on multiple letters that he had written to the department admitted his absence from duty on account of the fact that he had been working in a foreign country for a period of 16 years. This admission alone, was sufficient to take action against the respondent. In cases of wilfull absence from duty no inquiry is required. Since respondent’s absence from duty is not a disputed fact thus, there was no need to hold a regular inquiry in the matter. Appeal was allowed. Secretary Elementary and Secondary Education Department, Government of Khyber Pakhtunkhwa, Peshawar and others v. Noor-ul-Amin 2021 SCMR 959 and National Bank of Pakistan and another v. Zahoor Ahmad Mengal 2021 SCMR 144 ref. JUDGMENT: AYESHA A. MALIK, JUSTICE:---.--- This Civil Appeal arises out of the impugned judgment dated 03.11.2020 passed by Punjab Service Tribunal, Lahore (‘the Tribunal’) in Appeal No. 1649 of 2020. Leave was granted vide order dated 15.12.2021 essential on the ground that there was no factual controversy as admittedly the Respondent was working as an english teacher in Saudi Arabia and his request for conversion of his leave into deputation was rejected on 30.09.2003 after which he did not raise any grievance against his rejection order yet kept on pursing the matter of deputation until he was dismissed from service. 2. The basic facts of the case are that the Respondent was appointed as Subject Specialist (English), BS-17 on 14.02.1994 on temporary basis after which he was absorbed in the department. He applied for EX-Pakistan Leave for three years w.e.f., 15.07.2002,…

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