Law:

Section:

West Pakistan Water and Power Development Authority Act (XXXI of 1958)--S. 17(1-A)---Service Tribunals Act (LXX of 1973), S. 4---Constitution of Pakistan (1973), Art. 212(3)---Dismissal from service---Employee serving as Information Officer was dismissed from service on ground of his wilful absence from duty after expiry of his leave---Service Tribunal, however, accepting appeal against dismissal order, set aside same solely on ground that charge-sheet against employee was sent to press for publication 2 days after order of his dismissal had been passed---Authority contended that Service Tribunal had erred in setting aside dismissal order because before passing dismissal order, many efforts were made to serve charge-sheet upon employee, but without any success---Not a requirement of law that charge-sheet would become effective only when it had been published in newspaper---Contention raised on behalf of Authority thus needed examination---Leave to appeal was granted. ORDER SAAD SAOOD JAN, J.---The respondent was serving as Information Officer in the Water and Power Development Authority. He applied for three months leave in December, 1980. It expired on 28-3-1981. Nevertheless, he did not report back on duty with the result that he was charge-sheeted for willful absence with effect from 29-3-1981 and was dismissed from service by an order dated 25-7-1981. He filed an appeal before the Federal Service Tribunal. It was accepted solely on the ground that the charge-sheet was sent for publication…

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