Law:

Section:

Civil service--- ---- Removal from service---Civil servant who after availing sanctioned leave was supposed to resume duty, again applied for extension of leave but without getting the leave sanctioned he remained absent---Disciplinary proceedings were initiated against civil servant and after issuing him show-cause notice he was removed from service---Civil servant after rejection of his departmental appeal filed appeal before Service Tribunal against his removal from service--­Negligence of civil servant was proved as it was incumbent upon him to have got leave sanctioned before proceeding, but he remained absent on self ­sanctioned leave---Service Tribunal in view of young age of civil servant and his service career which was blameless, took lenient view and modified order of his removal to that of reduction to his substantive post for a period of two years. Jairamdas v. Commissioner, Hyderabad Division 1992 PLC (C. S.) 670 ref. JUDGMENT ABDUL RAZZAQ A. THAHIM (CHAIRMAN). ---Appellant, Mr. Azizur Rehman was working as U.D.C. (Selection Grade-9) in the Regional Directorate of National Savings, Rawalpindi. He proceeded on four months' leave from 1-1-1994 to 30-4-1994 and was supposed to resume duty on 1-5-1994 but he again applied for extension of leave for four months from 2nd May, 1994 by submitted application on 30-4-1994, but he without getting the leave sanctioned remained absent. Disciplinary proceedings were initiated against him with the issuance of a show-cause notice dated 28-6-1994 and finally by order dated 28th August, 1994, the competent Authority passed the order of his removal from service. The appellant filed departmental appeal on 27-9-1994 but the same was rejected vide order dated 4th December, 1994 and according to him he received that letter on 21-12-1994. He then preferred this appeal before the Tribunal on 22-1-1995 under section 4 of the Service Tribunals Act, 1973. Alongwith the memo of appeal, he has also filed application under section 5 of the Limitation Act for condonation of delay. 2. We have heard Mr. Sheikh Riazul Haq, Advocate for the appellant at length. It is argued that delay in filing the appeal was not intentional nor…

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