Case Details

Citation(s)
1986 SLG 1921 1986 SLD 1921 1986 PLC 132
Service Tribunal, Punjab
Case No. 529 of 1985, decided on 5th September, 1985.
ABDUL HAMID CHAUDHRY AND MIAN FAIZ KARIM, MEMBERS

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INAYAT ALI HASHMI

VS

ASSISTANT SECRETARY (GENERAL), BOARD OF REVENUE, PUNJAB and another

Law:

Section:

Punjab Service Tribunals Act (IX of 1974)- ---S. 4--Limitation--Appellant dismissed for misconduct of wilful absence--Charge established--Departmental appeal delayed for more than 3 years--Appeal before Tribunal, in circumstances, dismissed as grossly time barred as well as on merits. Mirza Shamshad Ahmad Baig for Appellant. JUDGMENT ABDUL HAMID CHAUDHRY (MEMBER). --Inayat Ali Hashmi, ex-Restorer, Record Room has filed this appeal under section 4 of the Punjab- Service Tribunals Act, 1974, in which he has impleaded the Assistant Secretary (General), Board of Revenue, Punjab, Lahore, and the Secretary (Establishment), Board of Revenue, Punjab, Lahore as respondents. 2. By virtue of this appeal the appellant has prayed that he be declared in service retrospectively and impugned orders passed by respondents Nos. 1 and 2 be set aside. It has been further prayed that all the past service benefits may also be allowed to the appellant alongwith any other relief which this Hon'ble Tribunal may deem proper. 3. The appeal is still at the stage of preliminary hearing. 4. Brief facts of the case are that the appellant was granted 120 days leave, with effect from 25-10-1980 to 21-2-1981 inter alia on the grounds that he was to construct the house of his sister-in-law at Jhang Shahi, District Thatta of Sind Province. He did not resume his duty on the expiry of the said leave but in his application, dated 23-2-1981, requested for further extension of leave upto 23-6-1981. He did not mention his postal address on the said application. The leave Application was considered and the leave was refused by the competent authority, and the official in question was informed of this fact vide Urdu Yadasht, dated 9-4-1981 and he was also directed to resume his duty at once failing which he was informed that he would be proceeded against. Neither Urdu Yadasht, dated 9-4-1981, was received back undelivered nor the appellant resumed his duty. It was a case of misconduct and wilful absence, the appellant was charge-sheeted on the aforesaid grounds. The charge-sheet was sent to him on the given addresses of Lahore and Jhang Shah, District Thatta of Sind Province. These charge-sheets were…
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