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

Section: 3(1)(b),5,10

Law: Service Tribunals Act, 1973

Section: 4

Removal from Service (Special Powers) Ordinance (XVII of 2000)---   ----Ss. 3(1)(b), 5 10---Service Tribunals Act (LXX of 1973), S.4---Dismissal from service---Appeal---Penalty of dismissal from service was imposed on appellant after issuing him show-cause notice and holding inquiry against him on allegation of unauthorized absence for about two years---Appellant, who was allowed short extension in his tenure to complete educational year of his children abroad where he was posted, was required to report for duty, but he did not do so---If the appellant wanted to seek voluntary retirement, his request ought to have been processed as per rules after he had reported for duty in Pakistan---Appellant could not take the plea that some officers belonging to other Ministries did not return from their posting abroad and were allowed to retire voluntarily--Right of a civil servant to seek voluntary retirement on completion of 20 years qualifying service was subject to the provisions of Essential Services (Maintenance) Act, but it was not available to a civil servant against whom a departmental inquiry was pending---Employer-organization was essentially concerned with the questions of security of the country and maintenance of discipline in the organization was of paramount importance---Due to the ,sensitiveness of the work of the Organization, its employees could not be allowed to flout office discipline with impunity---Appellant, who had wilfully absented himself, could not avoid consequences of his conduct---Impugned order could not be interfered with.    1988 PLC (C.S.) 897 and 2000 PLC (C.S.) 168 rel. JUDGMENT RASHID MAHMOOD ANSARI (MEMBER).--- The appellant has been aggrieved by the order, dated 11-3-2006 whereby a major penalty of dismissal from service was imposed upon him for unauthorized absence from duty from 1-9-2003 to 8-3-2005 against which his departmental appeal, dated 4-4-2005 was turned down vide appellate order, dated 7-5-2005. 2. The facts of the case, in brief, are that the appellant was appointed as Lower Division Clerk (L.D.C.) in BS-5 in the respondent-organization on 25-3-1978. Subsequently he was appointed as Stenographer (BS-11)…

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