Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordi­nance (VI of 1968)- -----S. O. 15, cl. 3(e) read with S. O. 15(4)-Absence from duty-Word "misconduct"--Does convey state of mind of a person wilfully committing an act subversive of discipline and good conduct-Misconduct or an offence without mens sea-Inconceivable-Provisions of S. O. 15(4) only raise presumption of misconduct in case of absence without application for leave successively for ten days but such presumption rebuttable-Open to petitioner to show his being prevented from reporting for duty on account of circumstances beyond his control. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordi­nance (VI of 1968)- -- S. O. 1, cl. 3(e) & S. O. 15(4)-Dismissal-Absence from duty­-Opportunity to explain-Employee absent from duty under com­pulsive circumstances beyond his control (confinement in Jail)­First inquiry conducted in employee's absence but administrator deciding to hold fresh inquiry on employee's representation-Effect of fir.,t inquiry washed off-No…

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