Law:

Section:

Constitution of Pakistan (1973)--Art. 212(3)---Wilful absence from duty---Penalty of dismissal converted to that of compulsory retirement by Service Tribunal---Finding of Service Tribunal was not open to any exception---Civil servant was habitual defaulter and at the time of personal hearing by the Authority he had accepted that he was unauthorisedly absent from duty---Petitioner's plea of ailment of his mother being an afterthought was rightly rejected by the Service Tribunal---No point of law being involved in the petition, leave to appeal was refused. ORDER ABDUL QADEER CHAUDHRY, J.---The petitioner was employed as a Sanitation Worker at the Islamabad Airport in 1970. He was dismissed from service by the respondent on the ground of habitual absence from duty. His departmental appeal was rejected on 27-10-1986. The petitioner challenged the order of his dismissal before the Service Tribunal. The Service Tribunal partly allowed the appeal and converted the penalty of dismissal to that of compulsory retirement. 2. The petitioner was absent from duty for a period of 51 days during the year 1985. A Show-Cause Notice was given to him to which he replied that his mother was sick, therefore, he had to go to look after her. He also sent an application for grant of leave to the authorities. It has been conceded by the learned counsel for…

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