Law: Removal from Service (Special Powers) Ordinance, (XVII of 2000)

Section: 3,5,10

Law: Service Tribunals (Procedure) Rules, 1974

Section: 4

Removal from Service (Special Powers) Ordnance (XVII of 2000)---   ----Ss. 3, 5 10---Service Tribunals Act (LXX of 1973), S.4---Removal from service---Appeal---Major penalty of removal from service was imposed upon appellant after issuing him show-cause notice on charge that he remained absent from duty unauthorisedly for about one and half months---Appellant in a letter addressed to the Director of the employer Medical Centre had submitted that due to serious domestic problems he could not attend duty for relevant period---Appellant also requested that leave could be sanctioned for the period he remained absent---Enquiry though was not held against appellant, but as appellant had himself admitted fact of absence from duty though with submission that he remained absent on account of domestic problems, enquiry, even if held, would not have yielded any other result---Enquiry to determine the fact of absence, in circumstances, would have been a futile and unnecessary exercise---No reason existed to interfere with the action taken by competent Authority resulting in removal of appellant from service---Said penalty of removal from service for remaining absent from duty for the period of less than two months; and that also as explained by the appellant on account of some serious domestic problems, was too harsh---Lesser punishment of reduction to lower scale by two stages for two years would suffice, in circumstances---Appellant would be reinstated in service from the date he was removed and the period of absence would be treated as leave due to appellant.   2004 SCMR 316=2004 PLC (C.S.) 344; 2004 SCMR 1662; 1999 PLC (C.S.) 665; 2003 SCMR 681; 1998 SCMR 2268; 2003 PLC (C.S.) 1249 and 2003 PLC (C.S.) 433 rel. JUDGMENT MUHAMMAD JAVED ASHRAF HUSSAIN (MEMBER).---This is an appeal under section 4 of the Service Tribunals Act, 1973 against the impugned order dated 26-2-2005 whereby the major penalty of removal from service has been imposed upon the appellant. The appellant filed departmental appeal dated 8-3-2005 which having remained unresponded this appeal, dated 13-5-2005 has been filed before this Tribunal. 2. Briefly the facts of the case are that the…

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