Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975- --- R. 2 (d)-" Misconduct"-Indiscipline-Official without permis­sion through proper channel obtaining admission in University and applying for study leave-Directed to apply for study leave and there­after join University after due permission - Continuing his studies without reporting for duty.-Held, rightly held guilty of misconduct of indiscipline and treatment of period of absence as leave without ,pay, in circumstances, held, not open to objection. Sh. Khalil-ur-Rehman for Appellant. A. G. Humayun, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).--Mukhtar Ahmad Shakar has filed this appeal under section 4 of the Punjab Service Tribunal Act, 1974, against the order of respondent No. 2 by which he has passed the order for sanctioning the leave of the present appellant from 23rd January, 1977 to 2nd January, 1981 without leave and the appellate order passed by Chief Engineer, Irrigation, Multan, by which he rejected his appeal. The appellant has impleaded the province of the Punjab through the Secretary, Irrigation, Government of the Punjab, Lahore, Chief Engineer, Irrigation, Multan Region, Multan and the Superintending Engineer, Hqrs. Multan, as respondents. 2. By virtue of this appeal the appellant has prayed that the impugned orders be set aside and the leave so sanctioned without pay may be sanctioned with pay. 3. Brief facts of the case are that the appellant was granted 1 month and 15 days leave from 1st November, 1976 on private affairs, vide order dated 12th November, 1976. The appellant availed of the same from 19th November, 1976 to 2nd January, 1977 and was due back, on 3rd January, 1977. The appellant failed to join the duties and applied for study leave for 4 years from 3rd January, 1977 to 2nd January, 1981. His leave case, which was received in the Chief Engineer's Office was returned to the Superintending Engineer, Derajat Circle enquiring from the appellant whether he had applied for admission in B. Sc. Engineering class through proper channel. The Superintending Engineer was asked to direct the appellant to apply for grant of ordinary leave for study…

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