Law:

Section:

Civil service--- ----Period of absence from duty after imposition of penalty---Such period has no bearing on the penalty and it does not undo the penalty imposed. In view of the legal consequence of the absence from duty, a disciplinary authority, or an appellate authority, tribunal or court, when imposes a penalty lesser than dismissal or removal from service on a delinquent civil servant for his misconduct of being absent from duty, it has to make an incidental order as to what treatment should be given to the period of his absence for the purpose of giving continuity to his service; otherwise, the whole past service of the civil servant will stand forfeited, which would be the imposition of an additional penalty neither prescribed by the law nor imposed by the authority. The best possible incidental order, which may be made in such a situation, is therefore to make a fictional arrangement to account for such period of absence from duty in the service record of the civil servant by treating (deeming) the same as an extraordinary leave without pay, rather than any other kind of leave; as in case of treating the said period as a leave of some other kind of leave (even if found due), the delinquent civil servant may claim pay of that period also, which would amount to awarding him a benefit rather than awarding a penalty for his fault. Thus, after imposing a penalty other than dismissal or removal from service, the making of an incidental order as to treating (deeming) the period of absence from duty as an extraordinary leave without pay, in no way, washes out the misconduct committed. LDA v. Nadeem Kachloo 2006 SCMR 434; Director-General, I.B. v. Muhammad Javed 2012 SCMR 165 and Sharif Abbasi v. WAPDA 2013 SCMR 903 over ruled. NAB v. Muhammad Shafique 2020 SCMR 425 agreed with. Imtiaz Lali v. Returning Officer PLD 2008 SC 355; Muhammad Ali Bukhari v. Federation of Pakistan 2008 SCMR 214; Federation of Pakistan v. Mamoon Malik 2020 SCMR 1154 and NBP v. Zahoor Mengal 2021 SCMR 903 ref. Where the civil servant who is unauthorizedly absent does not resume duty and offer any satisfactory explanation, or where the explanation offered by him is not satisfactory, the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492