Law:

Section:

(a) Government Servants (Efficiency and Discipline) Rules, 1973-------Rr. 4(1)(b)(iii), 5 & 6---Service Tribunals Act (LXX of 1973), S.4--Removal from service---Appeal---Appellant was removed from service after serving him with show-cause notice and holding full-fledged inquiry on allegation that he remained absent unauthorisedly from duty for a very long period---Appellant did not produce any evidence to prove that he got any prior permission to leave Headquarters and got his leave sanctioned---Appellant did not make any application for permission and sanction for leave prior to going on unauthorized absence from duty for such a long period---Disciplinary proceedings and other relevant record had shown that full-fledged inquiry had been conducted against appellant under Government Servants (Efficiency and Discipline) Rules, 1973 and in conducting said inquiry all relevant rules and well established principles of natural justice had been adhered to---No lacuna and illegality was found in conduct of disciplinary proceedings. against appellant---All notices and correspondence, calling appellant to assume duty and to participate in inquiry proceedings and to avail chance of adducing defence and an opportunity of personal hearing, were sent to appellant on his undisputed recorded residential address---In absence of any documentary and oral evidence of appellant, to the contrary an unauthorized long absence from duty having fully been proved, he had rightly been removed from service---In absence of any legal and factual infirmity, impugned order could not be interfered with. 1998 SCMR 1380 ref. (b) Government Servants (Efficiency and Discipline) Rules, 1973--- ----Rr. 5, 6 & 7---Inquiry proceedings---Ex parte proceedings---When civil servant neither participated in inquiry proceedings nor availed of opportunity of personal hearing before punishing Authority despite notice, ex parte proceedings could not be allowed to be objected to by civil servant. 1980 PLC (C.S.) 477 ref. Kunwar Mukhtar Ahmad for Appellants. Niaz Ahmed Khan for Respondents. Date of hearing: 14th October, 1998. JUDGMENT SYED EKRAM HUSSAIN JAFRI (MEMBER).---The two appeals bearing…

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