Law:

Section:

Sindh Seed Corporation Service Rules/Regulations-------Cl. 23.2.3---Sindh Service Tribunals Act (XV of 1973), S.4---Removal from service--Reinstatement--Treating period of absence as extraordinary leave without pay---Appeal to Service Tribunal---Appellant was granted 180 days leave, but after availing said leave, appellant failed to resume his duty---Appellant, after show-cause notice, was awarded penalty of removal from service as per Cl. 23.2.3 of Sindh Seed Corporation Service Rules/Regulations---Governor of the Province, on appeal reinstated appellant in service, but intervening period was treated as "extraordinary leave without pay"---Appellant claimed that he had again applied for extension of' leave for three months, but he could not prove his claim from evidence on record---Contention of appellant that since impugned order of removal from service had been declared as illegal and void and that he had been reinstated in service, he could not be deprived of the salary during which he remained out of job was repelled---Appellant was supposed to resume his duties after expiry of 180 days' leave, but he failed---Appellant, who was simply allowed 180 days leave had gone abroad, despite the fact that he .was not allowed ex-Pakistan leave---Appellant's proceeding abroad without permission amounted to misconduct---Appellant, who could not prove that during intervening period he did not work anywhere to gain financial benefits was not entitled to salary for the period he remained out of service. 2002 PLC (C.S.) 1083; 2003 PLC (C.S.) 590; 2005 SCMR 678; House Building Finance Corporation v. Syed Muhammad Ali Gohar Zaidi Civil Appeals Nos.1681 and 1682 of 2003; Appeal No.1154(K) of 1999; 2003 PLC (C.S.) 36; Abdul Hafeez Abbasi v. Managing Director PIAC 2002 SCMR 1034 and Pakistan Automobile Corporation Limited v. Mansoor-ul-Haq and others 2004 PLC (C.S.) 1151 rel. Shabbir Ahmed Awan for Appellant. Mrs. Tabasum Ghazanfar, Asstt. A.-G. for Respondents Nos.1 to 3. Muhammad Muzaffar-ul-Haque for Respondent No.4. Date of hearing: 1st December, 2005. JUDGMENT JUSTICE (RETD.) ABDUL GHANI SHAIKH (CHAIRMAN).---Appellant Dr. Irshad Ali Soomro who was basically an employee of…

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