Law:

Section:

Sind Civil Servants (Efficiency and Discipline) Rules, 1973-- ---Rr. 4(A) & 5(3)--Sind Service Tribunals Act (XIV of 7973), S. 4--Removal from service--Misconduct--Absence without leave and leaving the country without permission of Authority--Proof--Civil servant remaining absent for ten months without leave--Such civil servant after expiry of his initial leave failing to give his address on his extension of leave application and failed to ascertain whether same had been sanctioned or not--Civil servant failing to produce no objection certificate from Authority for proceeding abroad--Factum of absence without leave and proceeding abroad without sanction of Authority constituted misconduct on part of civil servant---Appeal against removal from service was dismissed as devoid of merit. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).--The appellant Muhammad Saleem was Lecturer, in Political Science, S.S. Government College, Hyderabad when he proceeded on two months' leave sanctioned to him on the ground of private affairs. He was due to return on 1-7-1981 but he failed to resume his duties. Instead he applied for extension of (cave for another two months with permission to suffix summer vacation. Meanwhile it was brought to the notice of the Government that the appellant had gone abroad without permission of the competent Authority. Obviously further (cave was not granted to him but he could not be intimated about the same as his application for the extension of leave did not carry his address. However, the Department waited until he was ultimately served with show-cause notice dated 31st December, 1981. The appellant submitted his reply to the said notice on 15-2-1982. Nearly eight months thereafter the appellant turned up on 3-10-1982 and submitted his duty report to the Principal of the College. Thereupon he was advised to address himself to the Government for the posting orders. He approached the Government for the said purpose but without any success. The appellant was at last removed from service vide Government Notification dated 14-1-1985 issued by Secretary Education. He preferred appeal to the Chief Secretary against the order of his removal, and after…

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