Case Details

Citation(s)
1999 SLG 988 1999 SLD 988 1999 PLC 665
Service Tribunal, Punjab
Appeal No. 535 of 1994, decision dated: 9-10-1996.
SYED SAFDAR HUSSAIN SHAH, JAFRI, MEMBER

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FAIZ AHMAD

VS

SUPERINTENDENT OF POLICE, RAHIMYAR KHAN

Law:

Section:

Punjab Police (Efficiency and Discipline) Rules, 1975-------Rr. 3 & 4---Absence from duty---Removal from service---Validity---Civil servant who was Police Official was proceeded against under Punjab Police (Efficiency and Discipline) Rules, 1975 allegedly on account of his unauthorised absence from duty and after issuing him show-cause notice was removed from his service without holding a regular inquiry against him--­Civil servant in reply to show-cause notice stated that he had absented himself from duty due to unsatisfactory state of his domestic affairs, the elopement of his wife and inundation of his house during the flood was appropriate if version of civil servant was verified through a regular inquiry and in case facts stated by him for his absence from duty, had proved otherwise, he could have been visited with the extreme penalty of dismissal from service---Civil servant who had been removed from service in a summary manner without holding any inquiry against him, there was hardly any justification to remove him who had rendered 7 years' long service and on whom Government had spent so much without even determining the extent of guilt of civil servant---Order removing civil servant from service was set aside arid he was ordered to be re-instated in service with direction that Authority would have discretion to hold a regular inquiry to determine the extent of guilt of civil servant. Shamsher Iqbal Chughtai for Appellant. Manzoor Hussain Bhatti, District Attorney and Jameel Akhtar Chohan, Inspector Legal, Rahimyar Khan for Respondent. Date of hearing: 8th October, 1996. JUDGMENT The appellant Faiz Ahmad, Ex-Constable No. 353 of Rahimyar Khan District was proceeded against under the Punjab Police (E & D) Rules, 1975 allegedly on account of his unauthorised absence from duty from 27-6-1984 to 7-9-1984, 23-10-1984 to 6-1-1985 and again from 8-1-1985 onwards in addition to his earlier absence from duty from 19-6-1984 to 25-6-1984. He was served with a show-cause notice in reply to which he stated that he had absented himself from duty due to unsatisfactory state of his domestic affairs, the elopement of his wife from Ahmadpur Dewan. District…
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