Law:

Section:

Constitution of Pakistan (1973)-------Art. 212 (3)---Dismissal from service---Converting absence without leave into leave of the kind due---Frivolous litigation---Absence of civil servant was initially converted into the leave of kind due but later on he was dismissed from service on the charge of being absent without leave---Service Tribunal set aside the dismissal order and his absence was treated as a leave of the kind due---Validity---Authority had itself condoned the period of absence by allowing him leave without pay---Leave was due to the civil servant and he had been making applications time and again accompanied by medical certificates for the purpose of extending the period of his leave---Authority did not have any justification to institute the present petition because of the fact that absence of the civil servant had been regularized---Supreme Court issued notice to the authorities to explain as to why costs be not imposed upon them for filing frivolous petition, knowing well that the competent authority had treated the period during which the civil servant remained absent, as leave without pay---Supreme Court declined to interfere in the passed by Service ,.Tribunal---Leave to appeal was refused. Muhammad Rashid Ahmad, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 23rd January, 2006. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---Petitioner seeks leave to appeal against the judgment, dated 30th December, 2003 passed by Punjab Service Tribunal, Lahore. 2. Precisely stating facts of the case are that respondent was proceeded departmentally on account of absence for 260 days from his duty. Director, Administration L.D.A., Lahore awarded him major penalty of dismissal from service vide order, dated 27th May, 2002. Contents of the order are reproduced hereinbelow:-- "Consequent upon finalization of disciplinary proceedings initiated against Mr. Muhammad Nadeem Kichloo, Assistant Director (Accounts) L.D.A., through show-cause notice under the Punjab Removal From Service (Special Powers) Ordinance, 2000 read with Punjab Removal From Service (Special Powers) (Amendment) Ordinance, 2001, the…

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