Law:

Section:

Service Tribunals Act (LXX of 1973)-- ---S. 4---Compulsory retirement---Misconduct---Unauthorised absence from duty for more than ten days---Appellant was sent to U.S.A. for twelve days to get training for Momentum Computers but he allegedly stayed there for forty-eight days without approval of competent Authority---Appellant was transferred from Karachi to Lahore but he did not report for duty at Lahore and as such was guilty of wilful insubordination and disobedience to lawful orders of management--­Charges were inquired into by an Inquiry Officer who found appellant guilty of both charges---Appellant was afforded opportunity of personal hearing before order of his compulsory retirement from service was notified---Appellant resisted order of his transfer and adopted stubborn attitude and threw unethical aspersions on Authorities in his representation---Appellant was furnished with a copy of inquiry report alongwith final show-cause notice and there existed no legal lacuna in the proceedings taken against appellant---Appellant, held, made himself liable for disciplinary action---Order of compulsory retirement was maintained in circumstances. Date of hearing: 15th March, 1990. JUDGMENT SYED ALLY MADAD SHAH (CHAIRMAN).--Appellant Mr. Mohammad Merajuddin was an officer, Computer Service, Pakistan International Airlines Corporation (PIAC). He was compulsorily retired from service of the Corporation under order dated 8-1-1987. His departmental appeal was rejected as per letter dated 5-4-1987 addressed to him by the Admn. Manager (Admn.) He then preferred this appeal on 6-5-1987. 2. The impugned action against the appellant was taken on the charges served on him by way of show-cause notice dated 20-10-1986, issued by the Manager, Coordination/Admn. Manager (DPS). The show-cause notice is reproduced below in extenso: PIA DIRECTOR DPS SECRETARIAT CONFIDENTIAL DPS/P-44970/86 October 20,1986. Mr. Mohammad Merajuddin, P/44970 DATA PROCESSING SERVICES Sub:- SHOW-CAUSE NOTICE 1. Reference your letter dated October 13, 1986 you are required to explain the following allegations against you. (a) You were sent to USA for 12 days to get training for Momentum Computers w.e.f.…

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