Law:

Section:

(a) Punjab Civil Servants (Efficiency and Discipline) Rules, 1999-------Rr. 3, 4 & 6---Removal from service---Wilful absence from duty---Initial leave for three months was granted to civil servant to perform "Umra" which was got extended for further three months---Civil servant, after availing six months leave did not join duty, but sought two years more extension in leave, which was not sanctioned by authority---Charge-sheet was sent to civil servant on home address, which was followed by two reminders and substituted service---Civil servant neither replied charge-sheet nor associated in proceedings---Absence of civil servant from duty was wilful and he had not been condemned unheard. (b) Punjab Service Tribunals Act (IX of 1974)--- ---S. 4---Constitution of Pakistan (1973), Art.212(3)---Appeal before Service Tribunal---Limitation---Condonation of delay---Sufficiency of cause for condonation of delay being question of fact would fall within jurisdiction of Service Tribunal---Discretion for condoning delay, if once exercised, could not be reversed without any lawful justification. Ali Hassan Rizvi v. Islamic Republic of Pakistan 1986 SCMR 1086; Muhammad Azhar Khan v. Service Tribunal Islamabad 1976 SCMR 262; Yousaf Hussain Siddiqi v. Additional Settlement and Rehabilitation Commissioner 1976 SCMR 268; Zahida v. Deputy Director 1990 SCMR 1504; WAPDA v. Abdul Rashid Dar 1990 SCMR 1513; Sher Bahadur v. Government of N.-W.F.P. 1990 SCMR 1519 ref. Ch. Muhammad Amin Javaid, Advocate Supreme Court and Mahmudul Islam, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 26th January, 2006. JUDGMENT JAVED IQBAL, J.---This petition for leave to appeal is directed against the judgment, dated 14-1-2005 whereby the appeal preferred on behalf of petitioner has been dismissed and order, dated 7-11-2002 passed by Medical Superintendent, Services Hospital, Lahore imposing the penalty of removal from service has been kept intact. 2. Pursuant to disciplinary proceedings initiated against the petitioner on account of wilful absence from duty, penalty of removal from service was imposed upon the petitioner by Medical Superintendent, Services Hospital,…

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