Case Details

Citation(s)
1996 SLG 650 1996 SLD 650 1996 PLC 716
Federal Service Tribunal, Islamabad
Appeal No. 438(R) of 1995, decision dated: 23rd January, 1996, hearing DATE : 16-01-1996
ABDUL RAZZAQ A. THAHIM, CHAIRMAN AND ROSHAN ALI MANGI, MEMBER

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GOVERNMENT OF THE PUNJAB through Services, General Administration and Information Department, Punjab Secretariat, Lahore and 2 others Dr. MUHAMMAD ANWAR

VS

PRESIDENT OF PAKISTAN through Secretary, Establishment Division, Islamabad and 2 others Dr. MUH

Law:

Section:

Civil service-- ---- Removal from service---Major penalty of removal from service was imposed upon civil servant on grounds of wilful absence from his duty and misconduct--­Civil servant who was a doctor his total service period in Government hospital was little more than four years as such according to Revised Leave Rules, 1980, was entitled to extraordinary leave without pay for a maximum period of two ors---Civil servant took ex-Pakistan leave for two years, went abroad and or availing leave he returned and joined service---Civil servant after the pause of little more/less than three months again applied for ex-Pakistan leave, but his request was rejected by Ministry of Health---Civil servant, however, managed to obtain such leave through political pressure---Civil servant again through political pressure obtained leave for two years, though like previous leave, that leave too was not covered under Revised Leave Rules, 1980---Civil servant after availing that leave was to resume duty, but he did not return even after expiry of the leave period---Ministry of Health sent memorandum to civil servant with direction to report for duty failing which disciplinary action would be initiated against him under Government Servants (Efficiency and Discipline) Rules, 1973---Civil servant was again addressed a letter to resume his duty immediately, but instead of joining his duties he wrote back insisting that he should be granted further ex-Pakistan Leave without pay for period of two years---Show-cause notice was issued to civil servant, but instead of giving any reasonable reply he requested to withdraw show-cause notice and to grant him two years' extension in his extraordinary leave and Competent Authority did not accept his request---Civil servant, thus, was proceeded against and was imposed major penalty of removal from service---Civil servant having failed to resume his duty despite he was twice directed to do so, his act amounted to misconduct, thus, he was rightly imposed penalty of removal from service. JUDGMENT ROSHAN ALI MANGI (MEMBER).---The appellant Dr. Muhammad Anwar was aggrieved by the office order dated 14th May, 1995, whereby he was imposed a major…
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