Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)-- -- S. 5 (2) read with Civil Procedure Code (V of 1908), S. 114-­Appeal heard by Full Bench-Judgment delivered by two members without participation of third member-Application for quashment of such and proceeding de novo as if such not in existence, accepted, in circumstances. (b) Punjab Police Leave Procedure Rules, 1934- -- Read with Punjab Police (Efficiency and Discipline) Rules, 1975, r. 6 (3)-Police Constable proceeding on 3 days' casual leave- ' Falling sick and submitting applications for leave supported by medical certificate from Government Medical Officer, Rural Health Centre-Charged of wilful absence without taking into consideration leave applications,-Contention that constable having left without recording departure entry in Daily Diary could not validly be treated on leave-Rejected-Recording of such entry while proceeding on sanctioned leave, held, not essential under Rules-Show-cause notice served by pasting at place other than residential address recorded in service record-Past service record unblemished and meritorious­ Order of 'dismissal from service for alleged wilful absence, in circumstances, held, not justified hence set aside with full back benefits by Service Tribunal-Punjab Service Tribunals Act (IX of 1974), S. 4. 1981 P L C (C. S.) 281 and 1980 P L C (C. S.) 228 rel. Riaz Anwar for Appellant. Haroon-ur-Rashid Cheema, District Attorney for Respondent. 'JUDGMENT S. ABDDL JABBAR KHAN (CHAIRMAN).-Muhammad Aslant ex-Cons­table has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, which was earlier heard by all the three Members of Service Tribunal; Lahore, including the Chairman. However, the judgment was passed on .19-8-1981, by which the appeal of the appellant was dismissed but the same was delivered, by two members of the Tribunal without participation of the third member i.e. the Chairman, who had heard the case alongwith them. The appellant moved a petition under section 5 (2) read with section 114 of C. P. C. with the prayer that as the judgment was not delivered by all the Members, therefore, the same was of no legal consequence. Reliance was placed in this…

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