Law:

Section:

(a) North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973-- ---Rr. 5 & 6--North-West Frontier Province Service Tribunals Act (I of 1974), S.4--Leave without pay--Grant of- Appeal before Service Tribunal--Conditions essential to be fulfilled. A person coming to the Court must come with clean hands, first he must fulfil the condition to be a gentleman official and then request the Court for the concession which was refused to him by the departmental authorities. In the instant case civil servant was granted earned leave followed by medical leave but during this period he left for another city after leaving application for leave without pay. It was incumbent upon him to approach the authority concerned for the grant of leave without pay in order to satisfy his conscience that the appellant required the said leave in good faith. (b) Civil service-- --- Leave--Leave is not a right of individual civil servant--Sanctioning Authority has the prerogative to accept or reject the plea of an employee, in the light of circumstances contained in the application submitted by him. (c) North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973-- -----Rr. 5 & 6---Departmental enquiry-Civil servant was served through ordinary means but on failure of those means a proclamation was issued in a daily newspaper-Civil servant having failed to attend was thus proceeded against civil servant in accordance with law appeal against the penalty imposed by Authority had no merit and was thus dismissed. JUDGMENT MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN).--Feeling aggrieved by the impugned order dated 3.1-10-1988 of respondent No.3 vide which he was dismissed from service with effect from 2-10-1988, appellant had preferred the present appeal after availing the departmental remedies on the grounds that he was granted earned leave from 21-2-1987 to 23-3-1987 but unfortunately he fell ill during this period and two weeks medical leave was sanctioned to him. However he could not recover from illness and went to Karachi after applying for leave without pay for two years and where came back to his native place on 30-9-1988 he…

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