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 after issuing him show-cause notice and by passing ex parte orders against him on allegation that he remained absent from duty without obtaining leave and permission from competent authority---Competent authority had not given any comments about the request of appellant for any leave---Appellant was condemned unheard and Departmental Authorities had not furnished specific proof regarding service of notice and other official letters in connection with personal hearing---Appellant had not committed misconduct wilfully and it was his first lapse---Department while deciding departmental representation of appellant, should have given due consideration to the request made by appellant---Penalty of dismissal from service imposed on appellant being too harsh, was modified to the extent that his pay would be reduced by one stage in the time scale---Period of absence would be treated as leave of kind due. Pervaiz Inayat Malik for Appellant. Malik Ghulam Raza for Respondents. Date of hearing 10th April, 2006. JUDGMENT K.B. ABID (MEMBER-IV).---Saghir-ud-Din Babar Ex-Constable No.683 was served show-cause notice, dated 16-1-2002 on account of allegation that he was absent from Police Station Sadar Gujranwala without obtaining leave and permission from Competent Authority. The total period of absence as shown in D.D. report Nos.47 and 52 was 53 days. Appellant had not furnished any reply to the show-cause notice. The departmental authority called the appellant in Orderly Room for personal hearing but he did not turn up. The absence period w.e.f. 2-9-2002 was also reported by Moharrar. By taking in view these reports and facts, the Authority observed that the official is habitual absentee and he has nothing to say in his defence. The S.P. City Division Gujranwala by passing ex parte orders,, dismissed the appellant from service. The departmental representation was filed before the DIG Police, Gujranwala wherein it was pleaded that the allegation of wilful absence is incorrect…

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