Law:

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North-West Frontier Province Civil Servants (Appeal) Rules, 1986--------Rr. 3 & 9---Civil Procedure Code (V of 1908), S.115---Absence from duty--- Termination of service---Services of respondent were terminated after issuing him show-cause notice on charge of remaining absent from duty--­Respondent instead of tiling appeal as provided under North-West Frontier Province Civil Servants (Appeal) Rules, 1986; directly filed civil suit against 'the-order terminating his service---Suit was dismissed by Trial Court, but Appellate Court set aside the and decree of Trial Court---Revision had been filed against of Appellate Court ---Validity--- Remedy of appeal under the Rules was mandatory and if respondent had failed to get favourable order in appeal, he could have moved the Civil Court---Charges against respondent had fully been proved and his services were terminated after adopting proper procedure---Order of Appellate Court below being groundless, was set aside in revision by High Court. Saleemullah Khan' for Petitioner. Rustam Khan Kundi and Ghulam Hur Khan for the State and for Respondents Nos.2 to 8. Date of hearing: 1st November, 2000. JUDGMENT The instant revision petition under section 115, C.P.C. has been preferred by Mir Afzal against the judgment and decree passed by Additional District Judge whereby he accepted the appeal against the judgment and decree of the trial Court dated 8-12-1997 and restored respondent No. l to his post as Baildar. 2. Background of the case is that on 19-10-1994, one Khushal Khan Baildar, District Council Lakki Marwat, retired and his post had fallen vacant. The Chief Officer, District Council, Lakki Marwat, appointed Lal Badshah son of Said Badshah of Khairukhel Pakka, Tehsil and District Lakki Marwat, as Baildar in BPS-1 with usual allowances etc. 3. Later on there were some complaints against the said Lal Badshah regarding his absence from duty, so as a result of the said complaints; a show-cause notice dated 26-4-1995 was issued to Lal Badshah, Baildar, as he was found absent from Rest House Gaznikhel, by the Administrator on his surprise visit to the said rest house on 25-4-1995. The respondent/plaintiff did not reply to…

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