Law:

Section:

(a) Government Servants (Efficiency and Discipline) Rules, 1973-------Rr. 4(1)(b)(iv) & 6---Dismissal from service without holding regular inquiry---Validity---Such penalty could be imposed in absence of regular inquiry, which could be dispensed with by competent authority, if circumstances so justified. (b) Government Servants (Efficiency and Discipline) Rules, 1973--- ----Rr. 4(1)(b)(iv), 5 & 6---Service Tribunals Act (LXX of 1973), S.4--­Constitution of Pakistan (1973), Art. 212(3)-1Dismissal from service--­Charge of wilful absence from duty for 15 years---Non-holding of regular inquiry---Such penalty imposed by authority was upheld by Service Tribunal---Validity---Civil servant had been sanctioned one month ex-Pakistan leave, but he had submitted joining report after expiry of 15 years---Civil servant had remained abroad unauthorizedly---No plausible justification could be furnished for such a long wilful absence---Civil servant had approached Tribunal after six years of passing of departmental order without making application for condonation of such inordinate delay---Appeal before Tribunal was hopelessly time-barred---Findings of Tribunal being well-based did not call for any interference---Supreme Court dismissed petition- and refused leave to appeal. Mian Mahmood Hussain, Advocate Supreme Court and Faizur Rehman, Advocate-on-Record for Petitioner. Muhammad Din Ghorsi, Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record for Respondents. Date of hearing: 2nd April, 2003. ORDER JAVED IQBAL, J.---This petition for leave to appeal is directed against the judgment dated 7-8-2000 passed by the Federal Service Tribunal whereby the appeal preferred on behalf of petitioner has been dismissed. 2. Precisely stated the facts of the case are that the petitioner was appointed in 1962 in PTCL as Telephone Operator and subsequently promoted as Telecom. Technician in the year 1968 and thereafter further promoted as Engineer Supervisor and proceeded abroad after having ex-­Pakistan leave which was sanctioned in his favour by means of order' dated 26-4-1975 w.e.f. 7-5-1975. The petitioner did not join his department and applied for extension of leave for…

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