Law:

Section:

Punjab Civil Servants (Efficiency & Discipline) Rules, 1974-------R. 4(1)(b)(v)---Punjab Service Tribunals Act (IX of 1974), S.4---Dismissal from service---Appeal---Appellant was proceeded against on allegation that he remained absent from duty for 10 days---Authority while passing impugned order regarding dismissal of appellant, had also regularized said period of absence treating that period as leave without pay-When absence was treated as leave without pay, then appellant could not be treated as absent and at least he could not be dismissed from service on that ground---If appellant was treated absent, then he could not be treated on leave and if he was to be treated on leave then he could not be treated as absent---Moreover period of alleged absence was not long---Appellant had stated that during period of his absence he became sick and he had submitted medical certificates for that period, but said medical certificates were misplaced---Appellant also had not been given personal hearing while passing impugned order---To be heard in a case was the right of every accused person---Authority could not declare that appellant did not deserve grant of personal hearing---Accepting appeal of appellant, impugned orders were set aside and appellant stood reinstated in service and intervening period would be treated as leave. 1995 P L C (C.S) 1161 ref. Asif Nazir Awan, for Appellant. Rana Muhammad Yasin, District Attorney for Respondents. Date of hearing: 14th February, 2005. JUDGMENT The appellant is ex-police constable who was proceeded against on the allegation that he remained absent from duty for 10 days as per record. Through impugned order dated 25-10-2002, appellant was dismissed from service "with immediate effect". The appellant filed departmental appeal but the same was not entertained and returned to the appellant for removal of some deficiencies. The representation was received back by the Appellate Authority again, but this time it was treated as time-barred and accordingly dismissed. The appellant had earlier filed a Service Appeal No.1353 of 2004. This appeal was considered by this Tribunal and was disposed of through order dated 11-8-2004 with the…

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