Law:

Section:

Civil service--- ---- Removal from service---Civil servant after availing sanctioned leave applied for extension of leave, but extension was denied by Competent Authority--­Civil servant who after denial of extension of leave was supposed to join duty immediately, came to resume duty after more than three years, but during course of time he was already removed from service on allegation of unauthorised absence---Competent Authority, under Revised Leave Rules, 1980, had discretion to grant or not to grant leave and civil servant was not supposed to avail leave just after submitting application for extension of leave unless and until it was sanctioned by Competent Authority---Civil servant who remained absent without sanctioned leave for more than three years did not bother to send any application or want to resume duty---Authority in circumstances, had no option, but to take action against civil servant according to law---Civil servant, therefore, was rightly removed from service because it was a clear case of wilful absence which amounted to misconduct and such a contumacious act of civil servant could not make out a case for any concession. 1993 PLC (C.S.) 1070; 1994 PLC (C.S.) 495 and 1993 PLC (C.S.) 1455 ref. Sh. Riazul Haq for Appellant. Nemo for Respondents. Date of hearing: 25th January, 1995. JUDGMENT ABDUL RAZZAQ A. THAHIM (CHAIRMAN).---Brief facts of this appeal are that the appellant Mr. Taj Muhammad was appointed as Auditor on 14-6-1982., He was promoted as Senior Auditor with effect from 1-7-1983 in B-11 and was posted in the office of the Director, Audit Defence Services, Rawalpindi. He applied for 120 days leave from 8-8-1988 to 7-12-1988 and was sanctioned by competent Authority, He was supposed to resume duty on 8-12-1988 but he submitted another application for extension of leave from 8-12-1988 to 6-1-1989 on account of sickness of his wife which was sanctioned by the department. He again applied for extension of leave from 7-1-1989 to 21-8-1989, but the leave was not sanctioned and according to him he did not receive any information. It is argued that the appellant sent reminder but in spite of that he did not get any response. It is stated…

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