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

Section: 4,4(b)(iii)

Punjab Employees Efficiency, Discipline and Accountability Act, 2006 (XII of 2006)-- ----S. 4--Section 4(b)(iii) Punjab Civil Service Pension Rules, 1955, R. 2.11--Unauthorized absence--Dismissal from service--Tribunal while maintaining findings of departmental authorities as to petitioner’s guilt on charge of willful absence from duty, has partly allowed petitioner’s appeal by reducing his penalty from forfeiture of two-year service to forfeiture of one year service--Section 2(n)(vii) of PEEDA Act has explicitly included act of ‘absence from duty without prior approval of leave’ in definition of ‘misconduct’, Rule 2.11 of Punjab Civil Services Pension Rules 1955, a Government servant forfeits his past service in case of his absence from duty without leave--Article 420 of Civil Service Regulations states that an interruption in service of an officer entails forfeiture of his part service--Section 4(b)(iii) of PEEDA Act provides for penalty of forfeiture of past service for a specific period--If departmental authority is satisfied that there was a sufficient cause for his absence, it may condone absence--Contention of counsel for petitioner is found meritless--Impugned does not call for any interference.                              [Pp. 204, 206 207] A, C, D, E F 2019 SCMR 95; 2020 SCMR 425; AIR 2009 SC 1149 ref. Punjab Employees Efficiency, Discipline and Accountability Act, 2006 (XII of 2006)-- ---S. 4--Unauthorized absence--The unauthorized absence of a civil servant from his duty is an act which is prejudicial to ‘good order’ and ‘service discipline’, and thus constitutes misconduct for taking disciplinary action against him.    [P. 205] B Ref. PLD 2008 SC 355, 2008 SCMR 214. ORDER Syed Mansoor Ali Shah, J.--The petitioner seeks leave to appeal against a judgment of the Punjab Service Tribunal, dated 21.10.2019 (“impugned judgment”), whereby the Tribunal while maintaining the findings of the departmental authorities as to his guilt on the charge of willful absence from duty, has partly allowed his appeal by reducing his penalty from forfeiture of two-year service to…

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