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Sind Service Tribunals Act (XV of 1973)-- ---S.4--Disciplinary action--Appellant on receipt of information about serious burn of his child sending application for leave through registered post--Child subsequently died--Charged for unauthorised absence of 11 days without prior sanction of leave--Minor penalty of withholding one increment for one year imposed and period of absence treated as leave without pay--Absence, in circumstances, held, due to sufficient cause and not deliberate--Appellant, in circumstances, held, had a deserving case and should have been allowed leave due-Service Tribunal accepting appeal setting aside penalty order and converting period of leave without pay into that of leave due and admissible. Appellant in person. Hassan Akbar, A.A.-G. for the Government. JUDGMENT MUSHTAK ALI KAZI (CHAIRMAN).- The appellant, a High School Teacher, Grade-16, posted at Mehrab Ali Sodhro, District Khairpur, was served with a show-cause notice issued by the Director, School Education, Hyderabad Region, as Authorised officer, in respect of the charge that he remained absent from duty from 1-4-1981 to 11-4-1981 (both days inclusive), i.e. for 11 days, unauthorisedly. The appellant in reply to the show-cause notice explained that his son aged 6 years had been accidentally burnt and as a result of the burns he died. That since the case was serious he had despatched an application for leave to the District Education Officer, Khairpur, by registered post on 31st March, 1981 and the same was received by the District Education Officer, Khairpur, on 1-4-1981. He has produced the acknowledgement receipt duly stamped. The learned A.A.-G. on behalf of the Government concedes that on examination of the Inward Register of the District Education Officer, Khairpur, he found that the entries were irregular and there were no entries from 1-3-1981 to 24-1-1982. This evidence regarding despatch of registered leave application, therefore, remained unrebutted. The department on consideration of the above…

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