Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973------R. 4---Constitution of Pakistan (1973), Art. 212(3)---Dismissal from service---Absence from duty without leave---Service Tribunal, converting penalty of dismissal to penalty of removal from service---Validity---Same objections which had been attended to by Service Tribunal had been reiterated before Supreme Court---Civil servant could not state that his absence from duty was either preceded by appropriate order of Competent Authority or succeeded by such order---Even reasons stated by Service Tribunal in its in relation to failure of civil servant to obtain requisite certificate from medical practitioner available at the place of his posting as also non-submission of any other certificate to his office immediately, were not shown to be suffering from any factual inaccuracy--­Fact that civil servant applied for leave for the first time after six months of his absence from office, was also not controverted by civil servant--­Conversion of penalty from dismissal from service to removal from service would not advance civil servant's case for further claiming leniency in penalty imposed upon him---Leave to appeal to Supreme Court was refused in circumstances. Shah Abdur Rashid, Advocate Supreme Court with M.A. Zaidi, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 8th December 1997. ORDER CH. MUHAMMAD ARIF, J.---This petition under clause (3) of Article 212 of the Constitution of the Islamic Republic of Pakistan, 1973 is directed against the judgment dated 7-3-1996 made by the Federal Service Tribunal dismissing petitioner's appeal challenging order dated 29-10-1995 whereby the Appellate Authority had converted the major penalty of dismissal from -service imposed on the petitioner vide order dated 9-6-1991 into that of removal from service. 2. The petitioner was working as Field Investigating Officer of the Narcotics Control Board at Attock in 1990. He received some information from Interpole Police against M/s. Mumtaz Abbasi and Afrahim Abbasi about their involvement in contraband drugs. They were kept under strict surveillance to the annoyance of Ch. Muhammad Afzal, S.H.O.…

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