Law: Government Servants (Conduct) Rules, 1966

Section: 4(1)(a)(ii)

Law: Service Tribunals Act, 1973

Section: 4

Government Servants (Efficiency and Discipline) Rules, 1973---   ----R. 4(1)(a)(ii)---Service Tribunals Act (LXX of 1973), S.4---Stoppage of increment --Appeal---Minor penalty of stoppage of one increment for one year was imposed on appellant on allegation of unauthorized absence from duty---Chief Minister regularized said period of absence from duty by treating said period as extraordinary leave without pay---Authorities also issued order concerning the regularization of the period of absence from duty as extraordinary leave without pay---Authorities, however, without cancelling or withdrawing earlier order whereby period of absence was treated as extraordinary leave without pay, issued order that said period of absence from duty would be treated as breach in service and seniority of appellant would be counted from the date of her rejoining the duty in the department---Once the order was passed for treating the period of absence of appellant as extraordinary leave without pay and once Competent Authority/Chief Minister had condoned the period of absence, sanction so granted could not be withdrawn subsequently without issuing a notice to appellant and without affording her an opportunity of being heard as said order had created a valuable right for the appellant---Order for treating period of absence of appellant from duty as a breach in service and for treating her seniority from date of rejoining duty was of such a nature which would seriously hamper her career as a civil servant, without being issued a show-cause notice---Impugned order was set aside with direction to authorities to restore seniority of appellant qua her batch-mates and to consider her for further promotion to next higher post/scale on merits from the date when her juniors were promoted.    Ishfaq Hussain Rana v. Government of the Punjab through Secretary Agriculture Punjab and 38 others 1993 SCMR 1326 and PLD 1969 SC 407 ref. JUDGMENT JUSTICE (RTD.) RUSTAM ALI MALIK (CHAIRMAN).---Appellant who is presently serving as Demonstrator in Rawalpindi Medical College, Rawalpindi has filed this appeal against the order, dated 20-4-1995 whereby the period of her absence from duty from…

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