Law:

Section:

Civil Service-------Removal from service--Wilful absence from duty---Civil servant who slipped away from duty and absented himself for a c6nsiderable period of more than one year without applying for leave, was removed from service or ground of wilful absence from duty---Civil servant,, was riot as free as he considered himself to be so, much so he was required to leave Headquarter with prior permission of Competent Authority and in case of grant of leave he must have got leave sanctioned from Competent Authority and in that event he could proceed on leave ----Civil servant without permission of Competent Authority and getting leave sanctioned if found absent would be doing so at his own risk ----Authority did not, leave any stone unturned in locating civil servant and when its effort proved futile, it had to order removal of civil servant from service which was quite just legal and proper No deed to wilful absence of civil servant from a considerable period of more than one year-­Conduct demonstrated by civil Servant had made being contumacious and unauthorised he could not say that Authority did not bother to find out reason for his absence especially when civil servant had made lame excuse for his absence from duty. 1998 SCMR 477 and 1998SCMR 540 ref. Isa Khan for Appellant. M. Aslam Uns, Federal Counsel for Respondent. Date of hearing :22nd May, 1998. JUDGMENT MUHAMMAD AYUB KHAN (MEMBER).---Mr. Javed Khan, Ex-Armature Winder, appointed as 'such in the office of the GE (Air) AHQ; Peshawar, by order, dated 29-1-1981 but was subsequently, transferred to G.E. (Army), Peshawar on 28-10-1989 and by the time of his removal from service reportedly he had completed about seventeen years' service. According to the Administration it, is a case of wilful absence from duty, Whereas the appellant holds a contrary view to it. 2. It is alleged in the appeal at para.3 that one person was murdered in his village far which the appellant, and us real uncle were suspected, his opponents were looking for and opportune time to remove then from the scene in relations and for this reason the appellant left his native village and a started living in a Government residential…

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