Law:

Section:

Civil Service ----Removal from service---Civil servant was removed from service on allegation that he remained absent from duty unauthorisedly for more than four years--­Civil servant who was involved in murder case remained absconded, but way arrested and finally was acquitted of charge on account of a compromise effected between the parties---Civil servant neither submitted any application for leave nor he tendered any explanation therefor---Civil servant could have informed Authority concerned about his tragedy, but even after his acquittal he could not inform Authority immediately after his release from jail---Civil servant who remained absent from duty unauthorisedly, was rightly proceeded against and could not be reinstated. JUDGMENT MUHAMMAD ISMAIL (MEMBER).---The appellant, Zarghun Shah, aggrieved by the order dated 5-4-1994 whereby his request for reinstatement as rejected. 2. The brief facts of the case are that the appellant was serving as Civilian Labour Class (IV) when he was involved in a murder case vide F.I.R. 192, Gated 3-5-1990. Thereafter he remained absconded show-cause notices were accordingly issued on 15-5-1990, 21-5-1990 and 2-6-1990 respectively but neither the appellant reported for duty nor he replied to any one of them. The appellant was, however, arrested on 17-4-1993 and was admitted to the Central 'ail, Peshawar, on, 19-4-1993. On 6-6-1993 he was released on bail. Subsequently when to matter came up before the Sessions Judge, Peshawar. the appellant was acquitted on 5-12-1993 on account of a compromise effected between the parties. After that, the appellant requested the Officer Commanding or re-instatement but no action appears to have been taken on his application dated 8-12-1993. On 9-1-1994 the appellant, submitted a representation which was rejected oft 5-4-1994. He then filed the present appeal before this Tribunal 'under section 4 of the Service Tribunals Act, 1973, on 30-4-1994. 3. The learned counsel for the appellant contended that on the charge of committing a murder an F.I.R. was lodged against the appellant on 3-5-1990 and he sent an application for one month's leave on 5-5'-1990 but the respondents, without…

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