Law:

Section:

Constitution of Pakistan (1973)-----Art. 212(3)--Service Tribunals Act (LXX of 1973), S. 4--Revised Leave Rules, 1980--Removal from service--Petitioner remaining absent from duty on one pretext or the other and Department showing indulgence in repeatedly granting him leave but ultimately having been fed up with his conduct removing him from service in departmental action-­Service Tribunal adequately dealing with all contention raised before it by petitioner against his removal--Contentions relating to findings of fact could not be opened in proceedings before Supreme Court--Spirit of Rules not found to have been violated by authority concerned rather petitioner shown more indulgence than he deserved on account of his conduct--Leave to appeal refused. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment, dated 16-6-1985 of the Central Service Tribunal; whereby petitioner's appeal against order of removal from service, was dismissed. The main charge against the petitioner was absence, from duty without sanctioned leave. The Tribunal has given the resume of facts regarding the petitioner's attempt to remain absent from duty on one or the other pretext as also the indulgence of the Department in repeatedly granting him leave but, ultimately having been fed up with his conduct the departmental action was taken. The relevant part of the impugned judgment, in this behalf, is reproduced below:-- "A perusal of the record shows that the appellant was granted ex-Pakistan leave on full pay for 120 days with effect from 16th February, 1980 vide Ministry of Information and Broadcasting No. 3(3)/67-Admn.,, dated 7-2-1980. The appellant on 3-4-1980 submitted a petition praying that the balance of his leave be converted into extraordinary leave with effect from 1-4-1980 and the period of extraordinary leave may be extended for one year. Vide Ministry of Information's Memo. No. 3(3)/67-Admn, dated 28-5-1980, the grant of extraordinary leave for one year with effect from 1-4-1980 was refused and he was directed to resume duty on expiry of 4 months' leave ex-Pakistan on 15-6-1980. He, however, submitted yet another petition, dated 11-6-1980 stating that…

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