Law:

Section:

(a) Constitution of Pakistan (1973)---Art. 212(3)--Leave to appeal granted to examine inter alia whether before arriving at guilt of appellant, a civil servant, previous quality of service rendered by him could be so copiously referred and made basis for upholding finding and punishment when civil servant had not been put on notice with regard to quality of service earlier rendered by him. (b) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975----R. 15--Dismissal from service on charge of unauthorized absence-­During pendency of appeal before Appellate Authority, earlier order of dismissal substituted, without notice to appellant changing date of dismissal--Appeal dismissed with short order without affording personal hearing--Decision challenged--Service Tribunal, without attending to any of legal grounds, referred copiously to past service record and dismissed appeal--Leave to appeal granted--Plea that Tribunal had sanctified orders of competent authority an basis of past service record of appellant was borne out from record--Leave applications submitted by appellants were not considered and he was treated absent even for period when he attended office or was on sanctioned leave--First order of dismissal being defective could not be sustained on facts and had to be set aside and second order being without jurisdiction could not remain in field--Appeal accepted being competent authority at liberty to enquire afresh into matter after associating appellant. Imtiaz Muhammad Khan, Advocate-on--Record for Appellant. M. Nawaz Abbasi, Asstt. A.-G. Punjab and Rao Muhammad Yousaf, Advocate-on-Record for Respondents. Date of hearing: 19th March, 1986. JUDGMENT SHAFIUR RAHMAN, J.--Leave to appeal was granted under Article 212(3) of the Constitution to examine, inter alia, whether before arriving at the guilt of the appellant, a civil servant, the previous quality of service rendered by him could be so copiously referred and made the basis for upholding the finding and the punishment when the civil". servant had not been put on notice with regard to the quality of service earlier rendered by him. The appellant was at the relevant time posted as Assistant…

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