Law:

Section:

Civil service-------Dismissal from service---Civil servant, who had rendered twenty four years service in the Department, was dismissed from service without issuing him any show-cause notice and without affording him opportunity of hearing on the ground that he, after obtaining his two years' extraordinary leave, had proceeded abroad without permission of the Department and thus had committed misconduct---Civil Servant had not concealed that after obtaining leave, he had proceeded abroad---Civil servant, who had put in a long service and had unblemished service record had not been able to properly maintain family with his meagre pay; went abroad to avail chance available to him to improve his earnings--Departure of a civil servant to a foreign country without obtaining leave from the Department indeed was very objectionable act, but while deciding such matters, ground realities should have been realised---Penalty of dismissal from service imposed on civil servant who served Department for about a quarter century with unblemished service record, was not commensurate with the guilt attributed to him---Penalty of dismissal from service was altered into that of compulsory retirement: Raja M. Saleem for Appellant. Ch. Manzoor Hussain, D.A. for Respondents. Date of hearing: 23rd June, 1999. JUDGMENT The appellant Muhammad Hussain, an Ex-Daftri of the office of Director Land Records, Lahore has challenged .the order of his dismissal from service dated 30-11-1978 through this appeal. 2. The facts of the case briefly are that the appellant was recruited as Naib Qasid in the office of Director Land Record, Lahore on 1-10-1953 and continued to serve the department till 30-11-1978. He applied for two years extraordinary leave-under rules with a view to attend to his domestic affairs. The leave was duly sanctioned by the Director Land Records vide order dated 26-4-1977 and the appellant proceeded on leave accordingly. It was, however, in September, 1978 when-one Muhammad Siddique Daftri of the Directorate made a complaint to the competent Authority that the appellant had proceeded abroad without permission of the department and-thus, had committed misconduct. The Director…

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