| Citation(s) |
|---|
| 1980 SLG 3040 = 1980 SLD 3040 = 1980 PLC 117 |
Service Tribunal Punjab
Appeal No. 259/231 of 1977, decided on 4th December, 1979.
Presented By: M. Saleem Chaudhry, Chairman and Mazhar Munir, Member
Appeal No. 259/231 of 1977, decided on 4th December, 1979.
Presented By: M. Saleem Chaudhry, Chairman and Mazhar Munir, Member
Mirza NAZIR AHMAD
VERSUS
DIRECTOR-GENERAL, EXCISE & TAXATION, PUNJAB AND OTHERS
Law: Punjab Civil Servants (Efficiency and Discipline) Rules, 1975)
Section: 6,8
(a) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 Rr. 6 & 8-Clerk charged for absence without leave-Powers of "Authority" and "Authorised Officer" vesting in Director-Director asking Excise and Taxation Officer to issue notice under r.6 No reply received in response to such notice-Service terminated by Director without giving further opportunity of personal hearing Notice issued by Excise and Taxation Officer, held, not valid Subsequent order passed by Director, held, invalid for non-compliance with mandatory provisions of r. 8. PLD 1966 S C 253 rel. (b) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 R. 6-Show-cause notice requiring reply within 4 days-Period of 4 days, held, not sufficient. ORDER M. SALEEM CHAUDHRY (CHAIRMAN).-----In this appeal filed on 8-9-1977, the appellant an ex-Junior Clerk of the Excise and Taxation Department, Punjab, is aggrieved by the order of the Director, Excise and Taxation, Lahore, dated 15-11-1976 terminating his services on the ground of unauthorised absence from duty w.e.f. 9-5-1976, till the date of the order. He is also aggrieved by the order of the Director General, Excise and Taxation, Punjab, dated 2-8-1977, rejecting the appeal preferred by the appellant against the order dated 15-11-1976. Briefly the facts of the case are that the appellant joined the Department as a Junior Clerk on 17-9-1976. On 4-11-1975, he applied for four months leave w. e. f. 10-11-1975 to 9-3-1976 which was sanctioned on 12-11-1.975. After the expiry of the leave, he again applied for the extension in leave for two months upto 9-5-1976 which was also sanctioned on 25-3-1976. Even after the the expiry of the extended leave, he again applied for extension for another two months vide…