Law:

Section:

Punjab Police (Efficiency and Discipline) Rules, 1975-- ----Rr. 4, 5 & 6 [as adapted by Capital Territory Police---Constitution of Pakistan (1973), Art. 212(3)---Misconduct---Dismissal from service---Absence from duty without leave---Petitioner was punished not less than 15 times for absence without leave--Service Tribunal modified petitioner's dismissal into removal from service---Validity--Petitioner was unable to show that his alleged illness during relevant time was of such nature that he was prevented from communication with others for informing his department regarding his inability to attend to his duty---Petitioner was rightly found to be guilty of unauthorised and wilful absence from duty after thorough scrutiny of material on record---Service Tribunal, however, took lenient view by modifying penalty of dismissal into that of removal from service, which called for no interference---Leave to appeal was refused in circumstances. ORDER IRSHAD HASAN KHAN, J: --The petitioner seeks leave to appeal against #he judgment of the Federal Service Tribunal, Islamabad dated 3-5-1994 whereby the appeal filed by him against his dismissal from service was dismissed. 2. The relevant facts are that the petitioner, a Constable in the Islamabad Police, was dismissed from service for absence from duty w.e.f. 22-12-1992 to 17-8-1993, after following the procedure laid down under the Punjab Police (Efficiency and Discipline) Rules, 1975, as adopted by the Capital Territory Police. The departmental appeal filed by him against his dismissal was also dismissed by the Inspector-General of Police, Islamabad vide order dated 5-1-1994 wherein, after providing an opportunity of hearing and perusing the material available on record, it was observed that the petitioner was habitual absentee, in that, he had been punished no less than 15 times…

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