Law:

Section:

(a) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-- ----R. 4---Constitution of Pakistan (1973), Art. 212(3)---Removal from service in absentia---Leave to appeal was granted to examine the validity of mode of service effected on absconding civil servant -through some of the daily newspaper. (b) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975-- ----R. 4---Constitution of Pakistan (1973), Art. 212---Removal from service in absentia---Departmental proceedings---Service of concerned Officer---Mode of service upon absconding officer for departmental proceedings against him were full of flaw and it appeared that charge of misconduct was not proved and on basis of same charge another officer was let off with only a warning while the civil servant was dismissed from service---In such state of affairs, no exception could be taken to the findings arrived at by Service Tribunal, and re-instatement of civil servant---Discriminatory treatment meted out to civil servant persuaded Service Tribunal to re-instate him in service---Judgment of Service Tribunal re­instating civil servant was maintained by Supreme Court---Matter was, however, left open to Authority to institute fresh inquiry if deemed proper---Civil servant's counter claim for back benefits was also declined for award of such benefits was discretionary with Service Tribunal. 1981 PLC (C.S.) 285 ref. ORDER SHEIKH RIAZ AHMAD, J.---This order shall dispose of two appeals; viz. C.A. 95/93 fled by Secretary to the Government of the Punjab Communication and Works Department, Lahore against Muhammad Yaqoob Asad, and .C.A. 96/93 filed by Muhammad Yaqoob Asad against Secretary to the Government of Punjab Communication and Works Department, .Lahore. Both these appeals through leave to appeal are directed against the same judgment delivered by Punjab Service Tribunal on 21-4-1992, whereby, dismissal of appellant Muhammad Yaqoob Asad in C.A. No. 96/93, from service was set aside, and he was re-instated in service. This order has been assailed by Secretary to the Government of Punjab Communication and Works Department, Lahore in C.A. 95/93, while through C.A. 96/93 appellant Muhammad Yaqoob Asad…

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