Law:

Section:

(a) Civil service-- --- Misconduct--Absence from duty without formal permission--Quantum of punishment has to be judged in circumstances of each case including department to which concerned Civil Servant belongs, his previous conduct and circumstances in which absence took place--Service Tribunal would not excuse wilful absence even for one day and uphold penalty of dismissal in cases belonging to law enforcing agencies like Police and Rangers but in other cases other considerations also to be kept in view--Doctor posted in Jinnah Post-Graduate Medical Centre (appellant) applying for 120 days' leave for attending to domestic problems and leave sanctioned on very day on which sought to be commenced-­Sanctioned leave not availed of but subsequently after about a month submitting application through respective Head of Department that he wanted to avail leave from a specified date and such application forwarded by Head of Department with recommendation for one month's leave-­Appellant under presumption that leave had already been sanctioned absenting from specified date without waiting for any fresh order--Letter sent on given address directing resumption of duty, but no compliance made and after some time application with medical certificate submitted for more leave stating that he had met an accident--Leave not sanctioned and direction issued to submit medical certificate from Civil Surgeon of Central Government Hospital but appellant writing back that there was no Civil Surgeon of Central Government where he lived (Village in Dera Ghazi Khan District) and requested for further extension of leave for domestic problems for which leave originally applied for--Penalty of dismissal from service imposed after issuance of show-cause notice on charge of wilful absence and considering explanation as unsatisfactory­ Non-appearance before Civil Surgeon of Central Government Hospital at far away place either at Lahore or Islamabad in a condition of unfitness for travelling due to fractured tibia in circumstances, held was for reasons beyond control of appellant--Leaving place of duty on specified date though not justified fully, in circumstances, held, condonable because…

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