Law:

Section:

Constitution of Pakistan (1973)--Art. 212(3)---Dismissal from service---Civil servant absented without leave and provided medical certificate for his period of t absence---Civil servant was allegedly arrested during the period---Civil servant was dismissed from service after departmental inquiry---Plea raised by civil servant for his presence at Karachi during his illness and death of father-in-­law of his brother---Civil servant failed to produce death certificate as demanded by Service Tribunal---Service Tribunal found that charge of absence without leave stood proved against the civil servant, but converted punishment of dismissal into compulsory retirement; =-Validity---No legal question requiring interpretation by Supreme Court arose so as to warrant interference---Leave to appeal was refused. Ch. Muhammad Abdullah, Advocate Supreme Court and Rana M.A. Qadri, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 29th November, 1999. ORDER SH. RIAZ AHMED, J.---Leave to appeal is sought against the judgment and order dated 31-3-1998 delivered by the Punjab Service Tribunal whereby an appeal preferred by the petitioner assailing his dismissal from service was rejected, but the dismissal was converted into compulsory retirement. 2. The brief facts giving rise to the institution of this petition are that the petitioner was a Junior Clerk in the D.C. Office, Sialkot. He was proceeded against under the Efficiency and Discipline Rules on the following charges:-- (i) On 26-2-1991 the petitioner applied for leave for 4 months for attending to some urgent domestic affairs and the said application was kept pending on account of lack of staff, but the petitioner proceeded on leave on 26-2-1991 and did not report till 6-3-1991. (ii) On 5-4-1991 he again applied for 4 months' leave with reference to his previous application. The same was also kept pending on account of adjustment of staff and other administrative affairs due to the creation of new District of Narowal. (iii) On 9-5-1991 the petitioner applied for leave on medical grounds supported by a medical certificate uptil 26-5-1991 and the same was sanctioned on 22-5-1991. (iv) On the expiry of…

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