Law:

Section:

(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.6­No 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 application dated 8-5-1976 on the ground that his wife had been ill and was admitted in the General Hospital, Lahore, and thus he was required to attend his wife. The Excise and Taxation Officer, Circular II, Lahore, under whom the appellant at the relevant time was serving, did not sanction the leave and informed the appellant on 19-5-1976, about the rejection of his leave on 8-5-1976. However the communication…

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