Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1999-------R. 4(b)(v)---Punjab Service Tribunals Act (IX of 1974), S.4---Dismissal from service---Appeal---Appellant was dismissed from service on charge of wilful absence from duty---Period of absence of appellant had been regularized by concerned Authority by granting him leave without pay for the same period---When period of absence stood regularized by same Authority who had passed orders of dismissal from service through grant of leave without pay, the very ground for ousting appellant from service, had vanished---Impugned orders were set aside and appellant was reinstated in service and the period he remained out of service, was to be considered as leave of kind due. LDA and others v. Muhammad Nadeem Kachllo and another 2006 SCMR 434 ref. Mehmood Ahmad Qazi for Appellant. Rana Muhammad Yasin District Attorney for Respondent. Date of hearing: 3rd May, 2006. JUDGMENT MUHAMMAD AFZAL (MEMBER-I).---Appeal is directed against the orders, dated 19-7-2005 vide which the appellant was visited with punishment of dismissal from service on charges of wilful absence from duty. Appellant tiled departmental appeal. However, the same failed to elicit positive response from departmental appellate authority and the same was rejected through impugned orders, dated 11-8-2005 hence present appeal in this Tribunal. 2. Learned counsel for the appellant has argued the case in prolixity pointing out that in the first place, allegations of wilful absence from duty was unfounded as the appellant had actually been ill quite seriously and had submitted medical certificates in proof of his illness. Secondly, he had not been absent from duty continuously and the authority had wrongfully calculated the period of absence from duty as seven months and 12 days. It is pointed out that the Authority, while passing the impugned orders of dismissal from service of the appellant, had also, through the same orders, regularized the period of alleged absence from duty, by granting the appellant leave i.e. leave without pay. It is pointed out that it was now settled law that when period of absence was regularized by granting leave for the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492