Law:

Section:

Civil services- ---Leave-Earned leave cannot be availed without prior sanction-­Absence from duty without sanction of leave-Misconduct-Civil servant applying for earned leave but absenting without sanction by competent authority-Penalty of reduction of salary by two stages, in circumstances, held, not exceptionable. Sheikh Abdul Qayyum for Appellant. A. G. Humayun, District Attorney for Respondents. JUDGMENT Muhammad Yar, Ex-Peshi Qanungo, has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded the Deputy Commissioner, Bahawalnagar, and the Commis­sioner, Bahawalpur Division; Bahawalpur, as respondents. 2. By virtue of this appeal, the appellant has prayed that the impugned order, dated 9th March, 1983 passed by the respondent No. 1 and the appellate order, dated 29th December, 1983 passed by the respondent No. 2 be set aside as these are unlawful and against the facts of the case. 3. Brief facts of the case are that the appellant while working as Qanungo Consolidation was served with a show-cause notice, dated 23th December, 1982 for wilful absence. He - submitted a reply to the show-cause notice which was considered by the Additional Deputy Commissioner (General)/Authorised Officer, Bahawalnagar. The appellant was served with an other show-cause notice, dated 11th January, 1983 by the Additional Deputy Commissioner (General), Bahawalnagar. The appellant submitted a reply to this second show-cause notice to the above Authorised Officer. He made his recommendations to the respondent No. 1, Deputy Commissioner, Bahawalnagar, who heard the appellant in person. The appellant was found guilty of wilful absence for availing leave for 31 days without sanction and the penalty of reduction of his salary by two stages was imposed by the Deputy Commissioner (respondent No. 1) vide his order, dated 9th March, 1983. The appellant made an appeal to the Commissioner, Bahawalpur which was considered and rejected vide his order, dated 29th December, 1983. Hence this appeal. 4. I have heard the parties i.e. Sh. Abdul Qayum, counsel for the appellant and Mr. A.G. Humayun, District Attorney assisted by the representative of the…

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