| Citation(s) |
|---|
| 1984 SLG 1375 1984 SLD 1375 1984 PLC 744 |
Service Tribunal, Punjab
Case No. 109/424 of 1979, decided on 8th January, 1983.
S. ABDUL, JABBAR KHAN, CHAIRMAN, MALIK ZAWWAR HUSSAIN AND ABDUL HAMID CHAUDHRY, MEMBERS
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Case No. 109/424 of 1979, decided on 8th January, 1983.
S. ABDUL, JABBAR KHAN, CHAIRMAN, MALIK ZAWWAR HUSSAIN AND ABDUL HAMID CHAUDHRY, MEMBERS
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DR. ABDUR RASHID ARIF
VS
SECRETARY TO GOVERNMENT OF PUNJAB HEALTH DEPARTMENT
Law:
Section:
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975- -- R. 2(I) (d)-"Misconduct"-Conduct prejudicial to good order or service discipline-Civil servant sent on foreign deputation with clear terms of specified period-Entering into new contract with foreign Government without consulting or seeking. permission from Punjab Government-Amounts to wanton act of indiscipline and misconduct-Major penalty of removal from service, held, justified for such misconduct-Punjab Service Tribunals Act (IX of 1974), S.4. Nayyar 1qbal Ghouri for Appellant. Haroon-ur-Rashid Cheema. District Attorney for Respondent. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-Dr. Abdur Rashid Arif has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 against the order, dated 28th September, 1978 removing him from service and order, dated 31st January, 1979 by which his review was rejected. He has impleaded the Province of the Punjab through Secretary Health, Government of the Punjab, Lahore as respondent. 2. By virtue of this appeal he has prayed that the impugned orders be set aside and he may be re-instated in service with all back benefits. 3. Brief facts of the case are that the appellant while posted at the District Headquarter Hospital, Gujranwala as Dental Surgeon was selected and offered appointment by the Ministry of Health, Libyan Arab Republic, for appointment as such. This appointment was initially for a period of one year under a renewable contract. The appellant after fulfilment of the formalities involved was allowed to proceed on deputation on foreign service for a period of one year. Certain conditions were imposed upon him with regard to his contribution towards G. P. Fund, Benevolent Fund and Group Insurance, which were to be paid in foreign exchange according to the rules. He was also told that the Government would have the right to ask him to return to duty on the expiry of the period of deputation (not exceeding five years) or to quit service, if he was unwilling to return to the country: 4. During the stay abroad the foreign deputation of the appellant was extended on 22nd June, 1973 by two years that is upto 21st May, 1975 on 2nd September…
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