| Citation(s) |
|---|
| 1991 SLG 698 1991 SLD 698 1991 PLC 654 |
Service Tribunal, Punjab
Appeal No. 665 of 1989, decision dated: 18-10-1990.
MUHAMMAD MEHMUD ASLAM PIRZADA, CHAIRMAN AND ABDUL HAMID MIAN, MEMBER
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Appeal No. 665 of 1989, decision dated: 18-10-1990.
MUHAMMAD MEHMUD ASLAM PIRZADA, CHAIRMAN AND ABDUL HAMID MIAN, MEMBER
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SALEEM AKHTAR
VS
DIRECTOR OF EDUCATION, RAWALPINDI and 2 others
Law:
Section:
Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--- ----R. 4---Censure---Appellant, a lecturer under Government of Punjab Education Department, proceeded to serve Government of Nigeria on contract for four years ---Government of Punjab, however, allowed appellant to work on deputation in Nigeria for Three years---When three years' deputation period came to an end, appellant applied for extension in deputation for a further period of two years and m response Punjab Education Department asked him to submit an attested copy of renewal contract---Appellant informed Punjab Government that renewal contract would not be available before the end of his present four years contract with Government of Nigeria---Appellant, meanwhile, continued to contribute towards his pension and leave salary while still abroad and case of extension of deputation period of appellant remained undecided with Government of Punjab---Appellant returned to Pakistan six months before original period of contract with Government of Nigeria came to an end--Appellant reported back for duty---Punjab Government having only allowed three years deputation, appellant was considered absent from duty for period over and above three years and departmental proceedings were initiated against him by Authority i.e. Secretary Education and he was awarded punishment of censure although Inquiry Officer recommended to take a lenient view---Appellant challenged penalty of censure, as his responsibility for absence was minimal--Perusal of relevant papers and instructions on subject indicated that Government had the option to ask the officer concerned to return to duty on expiry of deputation or quit service if he was unwilling to return to home country--Responsibility of recalling deputationists was therefore on Government of Punjab who did not call appellant back and kept quiet despite the fact appellant had submitted his request for extension well before expiry of deputation period--Inquiry was initiated against him the moment appellant reported back after about six months overstay---Held, failure of Government in not recalling appellant from Nigeria at end of his deputation in terms of condition…
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