Law: North West Frontier Province Civil Services (Punish ment and Appeal) Rules, 1943

Section: 14

P L D 1957 (W. P.) Peshawar 46         (a) North West Frontier Province Civil Services (Punish ment and Appeal) Rules, 1943,   Rule 14---Mandatory-Appeal ----Presentation----Non-compliance---Appeal not proper.   (b) North-West Frontier Province Civil Services (Punish ment and Appeal) Rules,   Annexure---Appeal presented to Revenue Minister instead of to Provincial Government-In competent. (c) Affidavit---   Additional, filed with writ petition and containing fresh allegations of fact but without a fresh petition in respect of new allegations---Affidavit finding its way to file not in normal course-Whether can be taken notice of.     Date of hearing: 27th November 1956.     JUDGMENT   HABIBULLAH KHAN, ACG. J.--This is a writ petition under section 223-A, Government of India Act, 1935, filed by Asadullah Jan, challenging the legality of his dismissal from Government service.   The petitioner was a clerk in the office of the former Revenue and Divisional Commissioner, N. W. F. P. Peshawar. On the 14th of February 1951, he was sent on deputation to the Customs Department, Government' of Pakistan. He was posted at Torkham Custom Station as Head Clerk. He also used to handle money as cashier. It is alleged that on the 8th of April 1952, he encashed some bills relating to the pay of the staff and some travelling allowance from a Bank at Peshawar. He did not disburse the pay and travelling allowance, and on the next day i.e., 9th of April, 1952, he crossed over into Afghanistan and absconded. Nothing was heard of him for several months.   The Customs Superintendent on the abscondence of the petitioner discovered that he had run away with Government money and had also cheated some business firms .of cash in the name of the Department by addressing them letters purporting to have been issued from Customs Office,   A case was registered against him and some inquiry was held.   The petitioner returned to Pakistan on the 19th of December, 1952, after an absence of about nine months. The Customs authorities first suspended him, but then reinstated him and posted him at Khawer. In the…