Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973--- ----Rr. 4 & 5---Constitution of Pakistan (1973), Art. 212(3)---Removal from service on account of unauthorised absence from duty for a period of about three years---Validity--Civil servant remained absent after expiry of medical leave--­Petitioner failed to appear before Medical Board convened for him---Civil servant was proceeded against for having remained absent for a number of years---Show-cause notice was issued to him through registered post acknowledgement due---Show-cause notice was then published in newspapers--­Petitioner in spite of publication of such notices remained absent and failed to submit any explanation for which he was to blame himself---Service Tribunal did not convert the penalty from removal to compulsory retirement or any other penalty and by not doing so, it did not commit any illegality warranting interference by Supreme Court---Leave to appeal was refused in circumstances. Amjad Hussain Syed, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for Respondents. JUDGMENT ZIA MAHMOOD MIRZA, J.---This petition seeks leave to appeal from an order of the Punjab Service Tribunal dated 31-10-1993 whereby appeal filed by the petitioner against his removal from service has been dismissed. 2. Petitioner while serving as an Accountant under the Controller of Military Accounts was removed from service on 6-10-1983 in consequence of disciplinary proceedings initiated against him on the allegation that he had remained absent for a period of about three years since 16-9-1980. It appears that to start with, petitioner proceeded on sick leave for four days from 15-9-1979 to 18-9-1979 with the approval of the competent Authority. This leave was extended from time to time till 16-9-1980 i.e. for a period of about one year on the basis of medical certificates produced by the petitioner. After 16-9-1980, he remained absent without leave until his removal from service on 6-10-1993. 3. We have heard the learned counsel for the petitioner. He has made a grievance that the order removing petitioner from service was passed without giving any show-cause…

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