Law:

Section:

(a) Civil service- -Absence from duty without leave---Removal from service---Civil servant could not be allowed to put a premium on his abscondence in a murder case and to use the same as a ground for absence from his official duty---Civil servant remained fugitive from law and Courts and remained in hiding for a rig time and never applied for leave despite notices--Civil servant's pence without leave, in circumstances, was sufficient ground for his removal from service. (b) Civil service- ----Criminal proceedings" and "departmental proceeding ---Distinction----Acquittal of civil servant from a criminal charge---Impact---Prosecution on a criminal charge of a civil servant and departmental proceedings against him entirely different as one relates to the enforcement of criminal liability whereas the other is concerned with the service discipline, as such, acquittal from criminal charge has no bearing on disciplinary proceedings. Amir Abdullah v. Superintendent of Police and others 1998 SCMR 333 ref. JUDGMENT MIAN MUHAMMAD AJMAL, J.---The petitioners seek leave to appeal against the judgment of the N.-W.F.P. Service Tribunal, Peshawar dated 4-6-2001 whereby Appeal No.2806 of 2000 of the respondent way accepted; and the petitioner-department was directed to reinstate him in service by treating his termination period as extraordinary leave without pay. 2. Brief facts are that on 5-5-1997 a case under sections 302/324/34 P.P.C. was registered against the respondent, a Driver in Civil Secretariat, vide F.I.R. No.194 at Police Station Badaber. He absconded and thus remained absent from his duty. The department issued letters dated 8-7-1997, 16-9-1997 and 28-10-1997 to the respondent at his home address to resume duty and also published a-notice about his absence in the newspaper "Daily Aaj", Peshawar dated 6-1-1998 with a direction to him to resume duty within 15 days failing which disciplinary. action would be taken against him. Thereafter, final show-cause notice was published in "Daily Aaj", dated 19-2-1998 requiring him again to resume duty without leave for three rears. The department issued notice to the within 15 days and on his failure To do so, the Authority…

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