Law:

Section:

(a) Civil service-- ---Deputation abroad--Civil servant deputed for service abroad-­Deputation period extended from time to time--Information for last extension with direction that no further extension shall be granted conveyed three months after expiry of last extended period--Civil servant not returning even thereafter and entering into further contract with foreign Government and making request for more extension--No decision conveyed by competent authority on such request--Civil servant subjected to disciplinary action on return on charge of unauthorised absence for period involved and imposed penalty of withholding of two increments--Held: (1) competent authority was responsible if not wholly but at least to some extent for alleged unauthorised absence baffling and unconscious delay on behalf of Government in deciding request for extension does not absolve civil servant of his obligations hence he could not have entered into further contract abroad without first getting decision of his own Government, and (iii) penalty imposed was neither harsh nor out of proportion because after receipt of direction that no further extension shall be granted he still entered into a fresh agreement--Tribunal further observing that Government should adopt a uniform policy and cases should be decided expeditiously because delay not only embarrases civil servant concerned but also brings bad name to Government not only within the country but also abroad--Punjab Service Tribunals Act (IX of 1974), S.4. (b) Civil service-- --Penalty order--Substitution of-- Penalty of withholding two increments permanently imposed--Penalty orders subsequently amended once before and once during pendency of appeal before Service Tribunal without notice or intimation to civil servant concerned firstly withholding increments for 1982 and 1983 and secondly by substituting same as for 1985 and 1986--Substitution of penalty order, held, was illegal and objectionable and possibility of a mala fide could not be ruled out--Tribunal not approving such practice--Order made originally as impugned in appeal, would stand for purposes of decision by Service Tribunal--Punjab Service Tribunals Act (IX of 1974),…

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