Law:

Section:

Constitution of Pakistan (1973)--Art. 212(3)---Unauthorised long absence from duty by civil servant---Civil servant had not produced any documentary or oral evidence to prove that during the period 1985-1993 he had been reporting on duty and was not allowed to join---Service Tribunal was of the view that civil servant absconded from duty during the said period---Leave to appeal was refused to the civil servant in circumstances. Alamgir v. Divisional Forest Officer, Multan 1993 SCMR 603 and Deputy Inspector-General of Police, Lahore and another v. Anis-ur-Rahman Khan PLD 1985 SC 134 ref. M. Kowkab Iqbal, Advocate Supreme Court for Petitioner. Nemo for Respondents. Date of hearing: 19th June, 1995. ORDER SALEEM AKHTAR, J.---The petitioner seeks leave to appeal against the judgment of the federal Service Tribunal, whereby by majority his appeal was dismissed. 2. The petitioner was appointed as Sepoy by the respondent on 9-4-1985. He was transferred by order dated 17-10-1985 from Bahawalpur to Circle-I Multan and was relieved of his duties by order dated 22-10-1985. He was thereafter posted at Zonal Office Multan and was relieved on 19-11-1985. Thereafter, the. petitioner did not join duty. It seems that he applied for 3 days leave. on 19-11-1985 but did not return oil duty thereafter. It was alleged by the petitioner that after 16 days he reported on duty but he was not allowed to join. The petitioner seems to have made application to the Member, C.B.R. and the Second Secretary, C.B.R. by letter dated 21-12-1993 directed him to appear before the Collector of Customs, Multan. As he had been absent from duty for a very long time, disciplinary proceedings were initiated against him and he was served with a show-cause notice which was replied by him. In the show-cause notice, it was alleged that after a lapse of 8 years he had approached the Central Board of Revenue with a request to allow him to join the duty. It was further stated that during his absence from 19-1-1985 onwards he did not bother to join the duties or tried to make any correspondence with the office and kept the office in the dark about his whereabouts. In reply the petitioner stated that he tried to…

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