Law:

Section:

North-West Frontier Province Government Servants (Efficiency and Discipline) Rules, 1973- ---Rr. 5 & 6--Dismissal from service for misconduct--Civil servant was initially granted earned leave for two months--Civil servant thereafter applied for leave on ground of serious illness on O.P.D. Hospital chits which was not sanctioned-­Authority's case was that such civil servant had proceeded to Saudi Arabia without sanction of proper authority during the period of earned leave and thereafter he had arranged to submit the application on basis of O.P.D. Hospital chit which could be obtained by any one in any other person's name-­Circumstances showed that civil servant was not in Pakistan--Civil servant being not available on his address, no question of service of show-cause notice to him or referring his case to Medical Board would arise--Civil servant having remained absent without leave and having proceeded abroad without sanction from proper authority, penalty of dismissal imposed on him was proper and justifiable. Khial Muhammad Khattak for Appellant. Special Government Pleader for Respondents. JUDGMENT MALIK MIJHAMMAD PARVEZ KHAN (CHAIRMAN).--Appellant was serving as Senior Clerk in the office of Superintendent of Police, Karak when he was granted 60 days earned leave on his application from 10-12-1987 to 7-2-1988 by respondent No. 2, but during this period he fell ill and became unable to attend to attend at the advice of the Medical Officer, he applied for medical leave per O.P.D. chits. The leave was neither granted nor refused nor he was referred to the Standing Medical Board but the Authorised Officer was directed to proceed against the appellant departmentally. However, no charge-­sheet was served upon him and the entire proceedings were initiated against him in absentia, with the result that he was dismissed from service vide order dated 25-6-1988 with effect from 8-2-1988. His appeal to respondent No. 1 also met with failure; hence the present appeal on the grounds that the proceedings against him are bad, illegal, void, against the principles of natural justice and equity. His illness was serious and he was unable to come to the office. Prior to this…

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