Law:

Section:

Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)-------S. 3---Punjab Service Tribunals Act (IX of 1974), S.4---Misconduct---Imposition of penalty of removal from service---Appeal---Long leave for 730 days sanctioned to appellant by Authority was later on cancelled and order of cancellation was conveyed to appellant by the department and in consequence, appellant was directed to resume duties---Appellant, despite said direction to resume duties, having remained absent from duty, was guilty of misconduct---Appellant had even proceeded abroad without getting sanctioned Ex-Pakistan leave from competent Authority---Absence of appellant being wilful, he had been rightly proceeded against on disciplinary grounds---Keeping in view long service of 17 years of appellant, lesser punishment in the form of compulsory retirement, however, could have been imposed on him---Impugned order having been passed by Authority, penalty could be effective from the date impugned order was passed and same could not be effective from back date---Penalty of removal from service as imposed on appellant by Departmental Authority was converted to compulsory retirement with effect from date on which competent Authority had passed order---Intervening period, however would be considered as leave without pay. Muhammad Khan for Appellant. Khadim Hussain Sindhu, District Attorney for Respondents. Dr. Aftab Ahmad Khan, Law Officer to DGHS, Punjab, Departmental. Representative. Date of hearing: 14th February, 2007. JUDGMENT JUSTICE (RETD.) RUSTAM ALI MALIK (CHAIRMAN).---The appellant had joined service as Dispenser on 11-2-1989 in the Health Department and had almost 17 years of service when he applied for long leave for 730 days which was sanctioned on 12-10-2004 by respondent No.3. However, long leave sanctioned on 12-10-2004 was later cancelled by respondent No.3 on 5-3-2005 and the order was conveyed to him by respondent No.4 and in consequence the appellant was directed to resume duties on 16-3-2005. He immediately filed an application/ representation before respondent No.3, requesting him not to cancel his leave as the condition of his brother-in-law was deteriorating due to…

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