Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973---------Rr. 3(a) & 4(1)(b)(ii)---Service Tribunals Act (LXX of 1973), S.4--­Constitution of Pakistan (1.973), Art. 212(3)---Compulsory retirement from service on charge of wilful absence from duty---Departmental appeal filed by civil servant was accepted and said major penalty was converted into stoppage of two increments without cumulative effect---Appeal filed by civil servant before Service Tribunal was dismissed---Contention of civil servant was that two increments without cumulative effect had been stopped, but he had not been granted move-over after two years, though at the time of inflicting penalty of stoppage of increments, he was drawing maximum pay of the post, which he was holding---Validity---No question of law of public importance was involved---Civil servant had no case even on merits as he could not justify absence from duty for such a long time---Service Tribunal had already taken a lenient view---Civil servant might agitate the matter of grant of move-over before Departmental Authorities, and if he failed to get such relief, he might approach the Service Tribunal that being an independent matter---Supreme Court refused to grant leave to appeal and dismissed the petition having no merits. Petitioner in person. Nemo for Respondent. Date of hearing: 10th January, 2002. JUDGMENT MUNIR A. SHEIKH, J.---The petitioner was proceeded against for wilful absence from duty on 29-31 May, 1997, 9th June, 1997 to 21st September, 1997, 23rd September, 1997 to 18th November, 1997. A memo. containing the said allegations, was issued on 3-7-1997 to the petitioner and he was directed to report for duty and explain his position as regards the said wilful absence. Thereafter a memo. was issued through registered A.D. at his Islamabad address as well as his permanent address, District Chakwal advising him to report for duty and explain his position within 14 days of the receipt thereof. Again no reply was given by the petitioner and another memo. was got published in National Press directing him to explain as to why action against him should not be taken under Government Servants (Efficiency and…

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